HomeMy WebLinkAboutReg 2009-12-07 COMPLETE AGENDA PACKETTukwila City Council Agenda
REGULAR MEETING
Jim Haggerton, Mayor Councilmembers: Joe Duffie Pamela Linder
Shawn Hunstock, Interim City Administrator Dennis Robertson Verna Griffin
Joan Hernandez, Council President Kathy Hougardy De'Sean Quinn
SPECIAL MEETING EXECUTIVE SESSION 5:00 -7:00 PM
1. CALL TO ORDER
2. EXECUTIVE SESSION (2 hours)
a. Legal Issues Pursuant to RCW 42.30.110(1)(i); to discuss the legal risks of a proposed action
or current practice that the agency has identified, when public discussion of the litigation
or legal risks is likely to result in an adverse legal or financial consequence to the agency.
b. Pending Litigation Pursuant to RCW 42.30.110(1)(i);
Settlement Agreement: CHA Southcenter, LLC.
c. Pending Litigation Pursuant to RCW 42.30.110(1)(i); DESC vs. Tukwila.
d. Personnel Matter Pursuant to RCW 42.30.110(g).
3. ADJOURN TO REGULAR MEETING
Monday, December 7, 2009; 7:00 PM Ord #2264 Res #1702
1. CALL TO ORDER PLEDGE OF ALLEGIANCE ROLL CALL
2. SPECIAL Recycler of the Year Award presented to Complete Office; Rebecca Fox, Senior Planner.
PRESENTATIONS Update on flood response due to issues regarding the Howard Hanson Dam;
Hillman Mitchell, Emergency Management Coordinator.
3. PROCLAMA- a. Confirmthe appointment of Maureen Huffman to Position #2 on the Lodging Tax Pg. 1
TIONS/ Advisory Committee.
APPOINTMENTS b. Confirm the appointment of Miesa Berry to Position #3 on the Lodging Tax
Advisory Committee.
4. CITIZEN At this time, you are invited to comment on items not included on this agenda (please
COMMENT limit your comments to five minutes per citizen). To comment on an item listed on
this agenda, please save your comments until the issue is presented for discussion.
5. CONSENT a. Approval of Minutes: 11/16/09 (Regular).
AGENDA b. Approval of Vouchers.
c. Accept as complete the Interurban Avenue South Waterline project with Gary Pg. 7
Merlino Construction Company, Inc. (Contract #08 -093); authorize release of
retainage subject to the standard claim and lien procedures (final cost of project
including retainage $403,593.04).
d. Accept as complete the Standby Power Upgrades Year 1 project with Ebenal Pg. 13
General, Inc. (Contract #08 -086); authorize release of retainage subject to the
standard claim and lien procedures (final cost of project including retainage
$595,279.84).
e. Accept as complete the the Records Center Shelving Contract project with Easyup Pg. 19
Storage Systems (Contract #09 -104); authorize release of retainage subject to the
standard claim and lien procedures (final cost of project including retainage
$46,371.06).
6. UNFINISHED a. An ordinance amending Ordinance No. 2221, which adopted the biennial budget of Pg. 25
BUSINESS the City of Tukwila for the 2009 -2010 biennium.
b. A resolution adopting the 2010 -2015 Financial Planning Model and the Capital Pg. 29
Improvement Program. (Continued)
Tukwila City Council Agenda
REGULAR MEETING
December 7, 2009
Page 2
6. UNFINISHED
BUSINESS (Cont.)
7. NEW BUSINESS
8. REPORTS
9. MISCELLANEOUS
10. EXECUTIVE
SESSION
11. ADJOURNMENT
c. Authorize the Mayor to sign a contract with Phillip Hallstrom PJKH, LLC for the Pg. 33
Seattle Southside Visitor Services Center (SSVS) website re- design in the amount of
$52,920.00 (see 11/23/09 CO. W.).
d. Authorize the Mayor to sign a contract with Lunar Cow for the Seattle Southside Pg. 35
Visitor Services Center vacation planner re- design in the amount of $50,910.00
(see 11/23/09 C.O. W.).
e. Authorize the Mayor to sign an Interlocal Agreement with King County for Pg. 37
services provided by the King County Road Services Division (see 11/23/09
CO. W.).
f. An ordinance adopting all King County Zoning, Land Use, Shoreline and other Pg. 39
development regulations for any work related to the South Park Bridge.
g. Authorize the Mayor to sign an amendment to Contract #06 -059 with Pg. 51
Commercial Development Solutions for 2010 project management services in the
amount of $132,000.00 (see 11/23/09 C.O. W.J.
h. An ordinance establishing new regulations regarding City cash reserves. Pg. 53
L Shoreline Master Program Ordinances (discussion only) (see 11/23/09 C.O. W.).• Pg. 63
1) An ordinance approving and adopting a Shoreline Master Program update for Pg. 67
the City of Tukwila to incorporate new State requirements.
2) An ordinance updating Comprehensive Plan policies for areas subject to Pg. 101
shoreline jurisdiction to incorporate new State requirements.
3) An ordinance updating requirements for shoreline regulations to incorporate Pg. 113
new State requirements regarding "Shoreline Overlay."
a. An Interlocal Agreement with the cities of SeaTac, DesMoines and Covington for Pg. 169
the implementation of the 2010 Minor Home Repair Program with the use of
Community Development Block Grant funds in the amount of $100,000.00.
b. A resolution to reimburse capital expenditures in connection with the costs of the Pg. 181
Southcenter Parkway Realignment in the Tukwila South annexation area, costs
associated with the Strander Boulevard and Railroad Crossing improvements, and
costs of flood control equipment, materials and supplies.
a. Mayor
b. City Council
c. Staff
d. City Attorney
e. Intergovernmental
Tukwila City Hall is wheelchair accessible.
Reasonable accommodations are available at public hearings with advance
notice to the City Clerk's Office 206 433 1800 /TDD 206 248 -2933. This notice is available at www.ci.tukwila.wa.us. and
in alternate formats with advance notice for those with disabilities.
Tukwila Council meetings are audio taped.
COUNCIL AGENDA SYNOPSIS
�J�� 1 LA
4J+ Initials ITEM NO.
O e 1 Meeting Date 1 Prepared by I Mayo 's review Council review 1 f j
1 12/07/09 1 SO 1 4.4 I ,.fit I r' I.\
I I I I 1 i
a 90= I I I I
ITEM INFORMATION
CAS NUMBER: 09-172 I ORIGINAL AGENDA DATE: DECEMBER 7, 2009
AGENDA ITEM TITLE Appointments to Lodging Tax Advisory Committee
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date Mtg Date 12/07/09 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PIV
SPONSOR'S Appointments of Maureen Huffman to Position #2 of the Lodging Tax Advisory Committee,
SUMMARY and Miesa Berry to Position #3 of the Lodging Tax Advisory Committee.
The Council is being asked to confirm these appointments.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE:
RECOMMENDATIONS:
SPONSOR /ADMIN. Confirm appointments.
COMMITTEE
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
1 MTG. DATE RECORD, OF COUNCIL ACTION
12/07/09
MTG. DATE ::.;:ATTACHMENTS
12/07/09 Informational Memorandum from Mayor dated November 23, 2009.
1
2
DISCUSSION
RECOMMENDATION
City of Tukwila
INFORMATIONAL MEMORANDUM
Forward to Regular City Council Meeting of December 7, 2009, for confirmation.
Jim Haggerton, Mayor
TO: CITY COUNCIL
FROM: Mayor Haggerton
DATE: November 23, 20
SUBJECT: Appointments to Lodging Tax Advisory Committee
ISSUE
There are currently a vacancies in Positions #2 and #3 (both businesses collecting tax) on the
Lodging Tax Advisory Committee.
I am pleased to forward to you the application of Maureen Huffman. Ms. Huffman is currently
the Manager of the Embassy Suites Hotel here in Tukwila, where she has been employed for
the last eleven years.
I am also pleased to forward the application of Miesa Berry. Ms. Berry is currently the manager
of Homewood Suites here in Tukwila. She has over ten years of experience in the hospitality
industry.
3
4
Citv of Tukwila
APPLICATION FOR APPOINTMEN
Type or print clearly and return completed form to: Office of the Mayor; 6200 Southcenter Blvd; Tukwila WA 98188
I wish to be considered for appointment to the following board or commission:
Lodging Tax Advisory Committee
Human Services Board
Library Advisory Board
Arts Commission
Equity and Diversity Commission
Civil Service Commission
Community- Oriented Policing Citizens Advisory Board (COPCAB)
Name: MektI j,�j i 441 L
Address: 1'5920 1N AN
Phone, Day: 2211 Night:
Please check all that apply to you within the Tukwila City limits:
School District Representative 12rBusiness Owner/Manager
Available to attend meetings: �Evenings�Daytimer 'a C
Present employer /occupation (if retired, please indicate former occupation): TG bousco.4 s tde-aw•AN
lVdC Phone
r
Occupational history/background: r% f ".44 t"" a +itkeAla L t V
Professional/community activities (orgs., clubs, service groups, etc.):
Hobbies/interests:
Qualifications related to this position: to. 16(--
Signature:
Application for Appointment 6/20/03
If you have previously served on one of the above boards /commissions, please provide details:
N I 34
\Akkkix
Park Commission
Planning Commission
Sister City Committee
Other:
Date: lillbl
Zip Code: e tt (Mk
Email:
Resident
High School Student
Note: Upon submission, all information on this form becomes public record. For further clarification regarding this
application or more information regarding the boards or commissions, please call the Mayor's office at 206 433 -1850.
D scribe why you are interested in serving on this board/commission /committee: EMI\ CfAnAvv._..&+
Date: 1 i+
5
6
Type or print clearly and return completed form to: Office of the Mayor; 6200 Southcenter Blvd; Tukwila WA 98188
I wish to be considered for appointment to the following board or commission:
Arts Commission Mging Tax Advisory Committee
Equity and Diversity Commission Human Services Board
Civil Service Commission Library Advisory Board
Comm t ity- Oriented Policing Citizens Advisory Board (COPCAB)
Name: V't Qo� Y 1A
Address: t cC7
Phone, Da 2 C- I.56' t"XJO(J Night
Please check all that apply to you within the Tukwila City limits:
School District Representative
Available to attend meetings:
City of Tukwila
APPLICATION FOR APPOINTMEN
siness Owner/Manager
enings aytime
Present mployer /occupati .(.if retired, p ease indicate former occupation):
Occupational history/background.
Professional /community activities
Hobbies/interests:
Qualifications related to this position:
I irk 4) A
gs., clubs, service groups.):
5 I X� art c �.ri �1�1- -f�
f co
If you have previously served on one of the above boards/commissions, please provide details:
Describe why you are interested i serving on this board/commission /committee: CUT) (a)
t nn t/1 (Li Ca v
Sigpature:
Application for Appointment 6/20/03
Park Commission
Planning Commission
Sister City Committee
Date: I 1. 09
Zip Code: S
Email:
Resident
High School Student
/n Phon 7 O
1�J
Date:
c-
Note: Upon submission, all information on this fon becomes public record For further clarification regarding this
application or more information regarding the boards or commissions, please call the Mayor's office at 206 433 -1850.
4 /10
F•
COUNCIL AGENDA SY'VOPSIS
r er t etilLA
qs Initials ITEM No.
1 Meeting Date j /Prepared by M '.r review Council review
J 1
12/07/09 BG I I
2 908 1 I I C
ITEM INFORMATION
I CAS NUMBER: 09-173 I ORIGINAL AGENDA DATE: DECEMBER 7, 2009
AGENDA ITEM TITLE Accept as complete Interurban Ave S Waterline Project and release retainage
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date Mtg Date 12/07/09 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
!SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P &R Q Police PTV
SPONSOR'S The contract with Gary Merlino Construction Company of Seattle, WA is complete for the
SUMMARY Interurban Ave S Waterline Project. Construction began October 13, 2008 and was
completed on June 30, 2009. Five change orders at a significant cost (approved by Council
6/15/09) were issued for extenuating circumstances during construction. Council is being
asked to accept and finalize the contract in the amount of $403,593.04.
REVIEWED BY Q COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 11/24/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMT17EE Unanimous Approval; Forward to Regular Consent Agenda
COST_IMPAC FUND
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$403,593.04 $400,000.00 $0.00
Fund Source: 401.02 WATER FUND (PG. 79, 2008 CIP)
Comments:
MTG._DATE I RECORD OF COUNCIL ACTION
1 12/07/09 I
MTG. DATE I ATTACHMENTS
12/07/09 1 Informational Memorandum dated 11/09/09 (revised after UC)
1 1 State of WA Dept of Revenue Notice of Completion 08 -093
Minutes from the Utilities Committee meeting of 11/24/09
1
8
TO:
City of Tukwila
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Utilities Committee
FROM: Interim Public Works Director,
DATE: November 9, 2009
SUBJECT:
Interurban Avenue S Waterline Protect
Project No. 04 -WT02, Contract 08 -093
Project Completion and Acceptance
ISSUE
Accept contract as complete and authorize for release of the retainage of $18,513.44.
BACKGROUND
The Notice to Proceed for Contract No. 08 -093 with Gary Merlino Construction Co., Inc of
Seattle, Washington, was issued on October 13, 2008 for construction of the Interurban Avenue
Waterline Project. Project No. 04 -WT02 provided replacement of a 40 +year old 12" cast iron
waterline along Interurban Avenue South from 42 Avenue South to 48 Avenue South. The
construction was physically completed on June 30, 2009.
ANALYSIS
Five change orders were issued during construction. Change Orders No. 1 and 2 was for re-
connection to a previously unknown 8" waterline and Change Order No. 3 was the result of
an 8" waterline connection called out on the plan was actually a 12" waterline.
Change Order No. 4 provided re- connection of the water service to the Union 76 Station
previously thought to be connected at a different point of the existing line now needing to be
connected to the new water line. Change Order No. 5 was to provide additional elements
needed to make the northerly connection into the existing system due to previously
unknown conditions of the water system. Change Orders No. 4 5 were approved by
Council on June 15, 2009.
The budget for this contract was $400,000.00.
Contract Award Amount 311,000.00
Change Order Nos 1 through 5 60,675.94
Reductions (1,407.09)
Sales Tax (N /A) 33,324.19
Total Amount Paid (incl. retainage) 403.593.04
RECOMMENDATION
The Council is being asked for formal acceptance and retainage release authorization, subject
to standard claim and lien release procedures, for the contract with Gary Merlino Construction
Co., Inc., in the amount of $403,593.04 and consider this item on the consent agenda of the
December 7, 2009 Regular Meeting.
Attachment: Dept of Revenue Notice of Completion
W:1PW Eng1PROJECTSIA WT Projects104WT02 IU Waterline \Construction Phase \INFO MEMO Closeout 11- 9- 09.doc
Jim Haggerton, Mayor
9
State of Washington
Department of Revenue
PO Box 47474
RE VENUE Olympia WA 98504 -7474 Contractor's Registration No. UBI No.) 2
g� 600 584 95..
From:
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
REV 31 0020e (6- 27 -01)
Date 7/13/09
NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT
4. me
c ress off
Ole
Description of Contract
Interurban Ave S Waterline Project 04 -WTO2
Contractor's Name
Gary Merlino Construction Co., Inc.
Contractor's Address
9125 10 Ave S, Seattle WA 98108
Date Work Commenced Date Work Completed
10/13/08 2/25/09
Surety or Bonding Company
Travelers Casualty and Surety Co of America
Agent's Address
Parker, Smith Fee, Inc., 2233 112 Ave NE, Bellevue WA 98004
Notice is hereby given relative to the completion of contract or project described below
Contract Amount 311,000.00
Additions 60,675.94 Liquidated Damages 0.00
Reductions 1,407.09
Sub -Total 370,268.85
Amount of Sales Tax Paid at 9.0 33,324.19
(If various rates apply, please send a breakdown.)
Comments: All work was completed before the
4/1/09 Sales tax increase.
TOTAL 403,593.04
Assigned To
S ignature
Type qr.Print Name Diane Jaber
Phone Number 206 433 -1871
Date Assigned
Amount Disbursed
Amount Retained
artmen`.U
Contract Number
08 093
Telephone Number
206 762 9125
Date Work Accepted
TOTAL
f�cg
385,079.60
18,513.44
403,593.04
*UV
The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue,
PO Box 47474, Olympia, WA 98504 -7474, immediately after acceptance of the work done under this contract. NO
PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of Department's certificate, and then only in
accordance with said certificate.
To inquire about the availability of this document in an alternate format for the visually impaired, please call (360) 753 -3217. Teletype
(11O'Y) users please call (800) 451 -7985. You may also access tax information on our Internet home page at http: /dor.wa.gov.
UTILITIES COMMITTEE
Meeting Minutes
November 24, 2009 5:00 p.m. Conference Room #1
City of Tukwila
Utilities Committee
PRESENT
Councilmembers: Kathy Hougardy, Chair; Pam Linder, and Dennis Robertson
Staff: Bob Giberson, Mike Cusick, Pat Brodin, Robin Tischmak, Gail Labanara, Mike Mathia,
Frank Iriarte, Peter Lau and Kimberly Matej
CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:04 p.m.
I. PRESENTATIONS
No Presentations
II. BUSINESS AGENDA
A. Interurban Avenue South Waterline: Project Completion and Acceptance
Staff is seeking full Council approval for formal project completion acceptance and release of retainage to
Gary Merlino Construction Company, Inc. for the Interurban Avenue South Waterline Project.
Five change orders were issued during this project, two of which required Council approval. With change
orders, the project came in slightly over budget (approximately $3,600).
Committee Member Robertson requested that the original budget amount be reflected in the memo that
goes to full Council for ease and clarification of information. UNANIMOUS APPROVAL. FORWARD
TO DECEMBER 7 CONSENT AGENDA.
B. Standby Power Upgrades Year 1: Project Completion and Acceptance
Staff is seeking full Council approval for formal project completion acceptance and release of retainage to
Ebenal General, Inc. for the Standby Power Upgrades, Year 1.
Five change orders were issued during this project, one of which required Council approval. Change
orders totaled over $65,000 due to a stream buffer that required relocation and the need for additional
lengths of pure copper for the City Hall generator. Although the project totaled $595,279.84, it was still
substantially under the budgeted amount of $764,000.
As with Item A above, Committee Member Robertson requested that the original budget amount be
reflected in the memo that goes to full Council for ease and clarification of information. He also requested
this become a standard practice with future items similar in nature. UNANIMOUS APPROVAL.
FORWARD TO DECEMBER 7 CONSENT AGENDA.
C. Records Center Shelving Contract: Project Completion and Acceptance
Staff is seeking full Council approval for formal project completion acceptance and release of retainage to
Easyup Storage Systems for the Records Center Project.
The original request for project approval was initiated with the Finance and Safety Committee; however,
staff is only seeking closeout of the shelving contract for this project, and not the rental agreement for the
Records Center.
This portion of the project was approximately $2,000 under budget. UNANIMOUS APPROVAL.
FORWARD TO DECEMBER 7 CONSENT AGENDA.
11
12
COUNCIL AGENDA SYNOPSIS
q Initials ITEM NO.
O Meetin Date 1 grepared by Ma or's review Counczl review
4 ;5 y 1 12/07/09 WA BG 1 .n„nv
1 1 1 0
2905 1 I I I
IT EM: INFORMATION
CAS NUMBER: 09-174 I ORIGINAL AGENDA DATE: DECEMBER 7, 2009
AGENDA ITEM TITLE Accept as complete Standby Power Upgrades Year 1 and release retainage
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date Mtg Date 12/07/09 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PWI
SPONSOR'S The contract with Ebenal General, Inc. of Bellingham, WA is complete for the Standby
SUMMARY Power Upgrades Year 1 Project. Construction began October 6, 2008 and was completed
on September 25, 2009. Five change orders at a significant cost (approved by Council
6/15/09) were issued for relocating the City Hall generator. Council is being asked to
accept and finalize the contract in the amount of $595,279.84.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DA IS: 11/24/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMIT LEE Unanimous Approval; Forward to Regular Consent Agenda
CO IMPACT I. FUND- SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$595,279.84 $764,000.00 $0.00
Fund Source: 303 FACILITIES FUND
Comments:
MTG I RECORD OF COUNCIL ACTION
12/07/09 1
MTG: DATE I ATTACHMENTS
12/07/09 1 Informational Memorandum dated 11/09/09 (revised after UC)
State of WA Dept of Revenue Notice of Completion 08 -086
Minutes from the Utilities Committee meeting of 11/24/09
1 i
14
TO:
ISSUE
ANALYSIS
City of Tukwila
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Transportation Committee
FROM: Interim Public Works Directo
DATE: November 9, 2009
SUBJECT: Standby Power Uparades Year 1
Project No. 06 -BG01, Contract 08 -086
Project Completion and Acceptance
Accept contract as complete and authorize for release of the retainage of $27,265.35.
BACKGROUND
The Notice to Proceed for Contract No. 08 -086 with Ebenal General, Inc of Bellingham,
Washington, was issued on October 6, 2008 for construction of the Standby Power Upgrades
Year 1. Project 06 -BG01 provided standby power generators to City Hall, Fire Stations 52, 53
and 54 to facilitate normal operations during power outages due to storms and other naturally
occurring conditions. The construction was physically completed on September 25, 2009.
Five change orders were issued during construction. Change Order Nos.1 through 4
involved various construction conflicts and electrical upgrades needed at the Fire Stations
which totaled $14,742.00.
Change Order No.5 was the result of discovering that the City Hall site was within a stream
buffer required a significant amount of mitigation. The generator was relocated to the lower
parking lot area. Work included additional conductor and conduit length, bollards to keep
vehicles from damaging the generator, and replacement of existing concrete curb. The fee
for this change order was $50,565.03. Change Order No. 5 was approved by Council on
June 15, 2009.
The budget for this contract was $764,000.00.
Contract Award Amount
Change Order Nos 1 through 4
Change Order No. 5
Sales Tax (N /A)
Total Amount Paid (incl. retainage)
RECOMMENDATION
The Council is being asked for formal acceptance and retainage release authorization, subject
to standard claim and lien release procedures, for the contract with Ebenal General, Inc. in the
amount of $595,279.84 and consider this item on the consent agenda of the December 7, 2009
Regular Meeting.
Attachment: Dept of Revenue Notice of Completion
480,000.00
14,742.00
50,565.03
49,972.81
595.279.84
W:1PW Eng1PROJECTSIA SG Projects106BG01 Stand Power Upgrade \Construction \Ebenal \INFO MEMO Closeout 11- 9- 09.doc
Jim Haggerton, Mayor
15
7 S P 1 5 2009 OF COMPLETION OF PUBLIC WORKS CONTRACT
f -rl d 7
OF T UKV4ILfi
_L15jIANCE DEPT
nbli te �:x,M,De arfinent
ame� &�A:c1�re�s�Q�P �.c:Agenc ay �g�.~'y� -`s;,
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Ebenal General, Inc.
Contractor's Address
Comments:
F innnra 4nnrnvaI
State of Washington
Department of Revenue
PO Box 47474
,255.04
Notice is hereby given relative to the completion of contract or project described below
Description of Contract Contract Number
Standby Power Upgrades 06 -BG01 06 -BG06
Contractor's Name
PO Box 31548, Bellingham, WA 98228
Date Work Commenced Date Work Completed Date Work Accepted
9/22/08 7/31/09 8/20/09
Surety or Bonding Company
Safeco Insurance Company of America
Agent's Address
2101 4th Ave., Suite 600, Seattle, WA 98124 -0347
Sales Tax 9.0% through 03/31/09
Sales Tax 9.5% 4/1/09 after
Contract Amount 480,000.00
Additions 65,307.03
Reductions
Sub -Total 545,307.03
Amount of Sales Tax Paid at 9.5 49,972.81
(If various rates apply, please send a breakdown.)
TOTAL 595,279.84
Contractor's Registration No. (UBI No.) 601 462 649
Date 9/14/09
Assigned To
Date Assigned
cis. ficer
Signature
Type or Print Name Diane Jaber
Phone Number 206 -433 -1871
08 -086
Telephone Number
(360) 738 -1940
Liquidated Damages
Amount Disbursed 568,014.49
Amount Retained 27,265.35
TOTAL 595,279.84
The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue,
PO Box 47474, Olympia, WA 98504 -7474, immediately after acceptance of the work done under this contract. NO
PAYMENT SHALL BE MADE FROM.RETAINED FUNDS until receipt of Department's certificate, and then only in
accordance with said certificate.
To inquire about the availability of this document in an alternate format for the visually impaired. please call (360) 753 -3217. Teletype
(TTY) users please call (S00) 451 -7985. You may also access tax information on our Internet home page at http:.' /dor.wa.gov.
R E 1 61 0020e (6-27-011
UTILITIES COMMITTEE
Meeting Minutes
November 24, 2009 5:00 p.m. Conference Room #1
PRESENT
Councilmembers: Kathy Hougardy, Chair; Pam Linder, and Dennis Robertson
Staff: Bob Giberson, Mike Cusick, Pat Brodin, Robin Tischmak, Gail Labanara, Mike Mathia,
Frank Iriarte, Peter Lau and Kimberly Matej
CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:04 p.m.
I. PRESENTATIONS
No Presentations
City of Tukwila
Utilities Committee
II. BUSINESS AGENDA
A. Interurban Avenue South Waterline: Project Completion and Acceptance
Staff is seeking full Council approval for formal project completion acceptance and release of retainage to
Gary Merlino Construction Company, Inc. for the Interurban Avenue South Waterline Project.
Five change orders were issued during this project, two of which required Council approval. With change
orders, the project came in slightly over budget (approximately $3,600).
Committee Member Robertson requested that the original budget amount be reflected in the memo that
goes to full Council for ease and clarification of information. UNANIMOUS APPROVAL. FORWARD
TO DECEMBER 7 CONSENT AGENDA.
B. Standby Power Upgrades Year 1: Project Completion and Acceptance
Staff is seeking full Council approval for formal project completion acceptance and release of retainage to
Ebenal General, Inc. for the Standby Power Upgrades, Year 1.
Five change orders were issued during this project, one of which required Council approval. Change
orders totaled over $65,000 due to a stream buffer that required relocation and the need for additional
lengths of pure copper for the City Hall generator. Although the project totaled $595,279.84, it was still
substantially under the budgeted amount of $764,000.
As with Item A above, Committee Member Robertson requested that the original budget amount be
reflected in the memo that goes to full Council for ease and clarification of information. He also requested
this become a standard practice with future items similar in nature. UNANIMOUS APPROVAL.
FORWARD TO DECEMBER 7 CONSENT AGENDA.
C. Records Center Shelving Contract: Project Completion and Acceptance
Staff is seeking full Council approval for formal project completion acceptance and release of retainage to
Easyup Storage Systems for the Records Center Project.
The original request for project approval was initiated with the Finance and Safety Committee; however,
staff is only seeking closeout of the shelving contract for this project, and not the rental agreement for the
Records Center.
This portion of the project was approximately $2,000 under budget. UNANIMOUS APPROVAL.
FORWARD TO DECEMBER 7 CONSENT AGENDA.
17
18
COUNCIL AGENDA SYNOPSIS
e I L A wq s Initials ITEM NO.
y
Meeting Date repared by Mayq's review Council rev Ow
44- I 12/07/09 BG I 9"1-1 1
9 O
ITEM INFORMATION
CAS NUMBER: 09-175 ORIGINAL AGENDA DATE: DECEMBER 7, 2009
AGENDA ITEM TITLE Accept as complete Records Center Shelving Contract and release retainage
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date Mtg Date 12/07/09 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW/
SPONSOR'S The contract with Easyup Storage Systems of Seattle, WA is complete for the Records
SUMMARY Center Shelving Contract. Construction began June 29, 2009 and was completed on August
31, 2009. No change orders were issued and under -runs credited $1,188.00. Council is
being asked to accept and finalize the contract in the amount of $46,371.06.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DA'Z'E: 11/24/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMITTEE Unanimous Approval; Forward to Regular Consent Agenda
COST IMPACT /FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$46,371.06 $48,736.95 $0.00
Fund Source: 303 FACILITIES FUND
Comments:
MTG.: DATE`- RECORD OF COUNCIL ACTION
12/07/09 I
MTG. DATE ATTACHMENTS
12/07/09 I Informational Memorandum dated 11/16/09 (revised after UC)
State of WA Dept of Revenue Notice of Completion 09 -104
Minutes from the Utilities Committee meeting of 11/24/09
I �y
20
TO:
ANALYSIS
City of Tukwila
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Utilities Committee
FROM: Interim Public Works Director
DATE: November 16, 2009
SUBJECT: Records Center Shelving Contract
Project No. 08 -BG06, Contract No. 09 -104
Project Completion and Acceptance
ISSUE
Accept contract as complete and authorize for release of the retainage of $2,117.40.
BACKGROUND
The Notice to Proceed for Contract No. 09 -104 with Easyup Storage Systems of Seattle,
Washington was issued on June 29, 2009 for the Records Center Project. This contract
provided new shelves at the City's new Records Center at 3411 South 120 Place in
Tukwila.
New shelving was physically completed on August 31, 2009. Minor shelving frame
adjustments were made during construction in order to provide the most shelving spaces
for the City records, while still complying with fire code requirements. In the end, a small
amount of contract under -run was identified by the Contractor and City project staff.
The budget for this contract was $48,736.95.
Contract Award Amount
Contract Under -run
Sales Tax
Total Amount Paid (including retainage)
$43,536.00
(1,188.00)
4.023.06
$46.371.06
RECOMMENDATION
The Council is being asked to formally accept and authorize the release of retainage,
subject to standard claim and lien release procedures, for the contract with Easyup
Storage Systems in the amount of $46,371.06, and to consider this item on the Consent
Agenda of the December 7, 2009 Regular Meeting.
Attachments: Notices of Completion for Department of Labor and Industry, and Department of Revenue
W: \PW Eng \PROJECTS\A- BG Projects \08 -BG06 Records Center \Construction Phase\After ConstructionVnfo Memo Closeout of Records Center
Shelving Contract, 11- 16- 09.doc
Jim Haggerton, Mayor
21
From:
State of Washington
Department of Revenue
PO Box 47474
REVENUE Olympia WA 98504 -7474 Contractor's Registration No. (UBI No.
g No.) 602 684 203
Date 9/29/09
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Comments:
NOTICE OF COMPLETION OF PUBLIC WORKS CONTRACT
ciir`es of'pull.lic3Aggtie
Notice is hereby given relative to the completion of contract or project described below
Description of Contract
Records Center Shelving Contract, 08 BG06
Contractor's Name
Easyup Storage Systems
Contractor's Address
9883 40 Avenue South, Seattle, WA 98118
Date Work Commenced Date Work Completed Date Work Accepted
8/18/09 8/28/09
Surety or Bonding Company
Fidelity and Deposit Company of Maryland
Agent's Address
1400 American Lane, Tower 1, 19 Floor, Schaumburg, IL 60196
Contract Amount 43,536.00
Additions 0.00 Liquidated Damages 0.00
Reductions 1,188.00
Sub -Total 42,348.00
Amount of Sales Tax Paid at 9.5 4,023.06
(If various rates apply, please send a breakdown.)
TOTAL 46,371.06
V
Assigned To
Date Assigned
Signature
Type or Print Name Diane Jaber
Phone Number 206 433 -1871
epartment.,;
Contract Number
09 104
Telephone Number
206 394 -3330
Amount Disbursed 44,253.66
Amount Retained 2,117.40
TOTAL 46,371.06
The Disbursing Officer must complete and mail THREE copies of this notice to the Department of Revenue,
PO Box 47474, Olympia, WA 98504 -7474, immediately after acceptance of the work done under this contract. NO
PAYMENT SHALL BE MADE FROM RETAINED FUNDS until receipt of Department's certificate, and then only in
accordance with said certificate.
To inquire about the availability of this document in an alternate format for the visually impaired, please call (360) 753 -3217. Teletype
(TTY) users please call (800) 451 -7985. You may also access tax information on our Internet home page at http: /dor.wa.gov.
Rag 0020e (6- 27 -01)
UTILITIES COMMITTEE
Meeting Minutes
November 24, 2009 5:00 p.m. Conference Room #1
CALL TO ORDER: Committee Chair Hougardy called the meeting to order at 5:04 p.m.
City of Tukwila
Utilities Committee
PRESENT
Councilmembers: Kathy Hougardy, Chair; Pam Linder, and Dennis Robertson
Staff: Bob Giberson, Mike Cusick, Pat Brodin, Robin Tischmak, Gail Labanara, Mike Mathia,
Frank Iriarte, Peter Lau and Kimberly Matej
I. PRESENTATIONS
No Presentations
II. BUSINESS AGENDA
A. Interurban Avenue South Waterline: Project Completion and Acceptance
Staff is seeking full Council approval for formal project completion acceptance and release of retainage to
Gary Merlino Construction Company, Inc. for the Interurban Avenue South Waterline Project.
Five change orders were issued during this project, two of which required Council approval. With change
orders, the project came in slightly over budget (approximately $3,600).
Committee Member Robertson requested that the original budget amount be reflected in the memo that
goes to full Council for ease and clarification of information. UNANIMOUS APPROVAL. FORWARD
TO DECEMBER 7 CONSENT AGENDA.
B. Standby Power Upgrades Year 1: Project Completion and Acceptance
Staff is seeking full Council approval for formal project completion acceptance and release of retainage to
Ebenal General, Inc. for the Standby Power Upgrades, Year 1.
Five change orders were issued during this project, one of which required Council approval. Change
orders totaled over $65,000 due to a stream buffer that required relocation and the need for additional
lengths of pure copper for the City Hall generator. Although the project totaled $595,279.84, it was still
substantially under the budgeted amount of $764,000.
As with Item A above, Committee Member Robertson requested that the original budget amount be
reflected in the memo that goes to full Council for ease and clarification of information. He also requested
this become a standard practice with future items similar in nature. UNANIMOUS APPROVAL.
FORWARD TO DECEMBER 7 CONSENT AGENDA.
C. Records Center Shelving Contract: Project Completion and Acceptance
Staff is seeking full Council approval for formal project completion acceptance and release of retainage to
Easyup Storage Systems for the Records Center Project.
The original request for project approval was initiated with the Finance and Safety Committee; however,
staff is only seeking closeout of the shelving contract for this project, and not the rental agreement for the
Records Center.
This portion of the project was approximately $2,000 under budget. UNANIMOUS APPROVAL.
FORWARD TO DECEMBER 7 CONSENT AGENDA.
23
24
COUNCIL AGENDA SYNOPSIS
k‘ -.V.<, Initials ITEM NO.
Meeting Date J Prepared by 1 Mayor's review J Council review
0 V .1.•
11/09/09 1 SH 1 A ivjll
12/07/09 1 SH
I I
ITEM.INFORMATION
CAS NUmBER: 09-155 I ORIGINAL AGENDA DATE: NOVEMBER 9, 2009
AGENDA ITEM TITLE An ordinance amending the 2009-2010 biennial budget.
CATEGORY El Discussion El Motion rj Resolution El Ordinance El Bid Award Z Public Hearing 0 Other
Mtg Date 11/09/09 MtgDate Mtg Date Mtg Date 12/07/09 MtsDate Mtg Date 11/09/09 Mtg Date
SPONSOR 0 Council El Mayor 0 Adm Svcs E] DCD Z Finance Ell Fire El Legal 0 P&R 0 Police 0 PV
SPONSOR'S RCW 35A.34.130 provides for a mid-biennium budget amendment process. The ordinance
SUMMARY amends the adopted 2009-2010 budget, and provides for a Public Hearing.
This Council is being asked to approve the ordinance amending the 2009-2010 budget at
the December 7, 2009 Regular Meeting. Council discussed the budget process at the
10/26/09 Committee of the Whole Meeting and at the Budget Workshop on 11/5/09.
REVIEWED BY 0 COW Mtg. 0 CA&P Cmte El F&S Cmte 0 Transportation Cmte
0 Utilities Cmte 0 Arts Comm. 0 Parks Comm. 0 Planning Comm.
DA .LE: 11/03/09
RECOMMENDATIONS:
SPONSOR/ADMIN. Finance Department
COMMIT IEE Unanimous Approval; Forward to Committee of the Whole
COSTIMPACTI=FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
1 MTG.' i::-. l: RECORD OF COUNCIL ACTION
11/09/09 Forward to 12/7/09 Reciular Meetinn
I 12/07/09
MTG. DATE s ATTACHMENTS
11/09/09 Informational Memorandum dated 10/29/09
Ordinance in draft form
2009-2010 Mid-Biennium Budget Amendment spreadsheet
Minutes from Finance and Safety Committee meeting of 11/03/09
I 12/07/09 Ordinance in final form
I
I
25
26
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
W:\ Word Processing Ordinances \Budget Amendment 2009.doc
KF:ksn 11/30/2009
City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUICWILA,
WASHINGTON, AMENDING ORDINANCE NO. 2221, WHICH ADOPTED THE
CITY OF TUICWILA'S FIRST BIENNIAL BUDGET FOR THE 2009 -2010 BIENNIUM,
TO ADOPT AN AMENDED MID BIENNIUM BUDGET; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, on December 15, 2008, Ordinance No. 2221 adopted the 2009 -2010 biennial
budget of the City of Tukwila; and
WHEREAS, a mid- biennium budget amendment was presented to the City Council in a
timely manner for their review, in accordance with RCW 35A.34.130; and
WHEREAS, a public hearing on the proposed mid- biennium budget amendment was
advertised and held on November 9, 2009;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Ordinance Amended. Tukwila Ordinance No. 2221 is hereby amended with the
City Council's adoption of the document entitled "City of Tukwila 2009 -2010 Mid- Biennium
Budget Amendment," incorporated by this reference as if fully set forth herein, in accordance
with RCW 35A.33.075.
Section 2. Estimated Revenues and Appropriations. The totals of the estimated revenues
and appropriations for each separate fund and the aggregate totals are as follows:
1 FUND 1 EXPENDITURES REVENUES
1 000 General 1 $105,490,696 1 $105,490,696
1 104 Arterial Street 1 $91,053,000 1 $91,053,000
1 211 LTGO Refunding Bonds, 2008 $96,000 I $96,000
302 Facility Replacement $8,226,712 I $8,226,712
Section 3. Copies on File. A complete copy of the final budget for 2009 -2010, as adopted,
together with a copy of this amending ordinance, shall be kept on file in the City Clerk's Office,
and a copy shall be transmitted by the City Clerk to the Division of Municipal Corporations of
the Office of the State Auditor and to the Association of Washington Cities.
Section 4. 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 5. 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 and effect 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 2009.
ATTEST /AUTHENTICATED:
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Page 1 of 1
27
28
COUNCIL AGENDA SEVOPSIS
t k s Initials ITEM NO.
O I Meeting Date Prepared by Mayor's review J Council review
i f g 1 11/23/09 1 GL 1. 1
12/07/09 1 GL I I .4.,
90; I 1
1 (f 6,
ITEM INFORMATION
CAS NUMBER: 09-163 I ORIGINAL AGENDA DALE: NOVEMBER 23, 2009
AGENDA ITEM TITLE Resolution adopting the 2010 -2015 Financial Planning Model and Capital
Improvement Program
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 11/23/09 Mtg Date Mtg Date 12/07/09 Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police Pi/
SPONSOR'S This Resolution will adopt the 2010 2015 Financial Planning Model and Capital
SUMMARY Improvement Program. Council reviewed the Proposed 2010 2015 CIP at the Budget
Workshop held 11/5/09. The City's Fund Balance Policy (page V, 2010 Proposed CIP)
states that accumulated totals within the six -year Financial Planning Model may not
recede below $3 million.
REVIEWED BY COW Mtg. CA &P Cmte
F &S Cmte ❑Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 11/17/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMIrrEE Forward to Committee of the Whole for discussion
COST: IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source:
Comments:
=MTG: D :::::RECORD OF COU ACTION
11/23/09 1Forward to next Regular Meeting
12/07/09 1
MTG. DATE ATTACHMENTS
11/23/09 Informational Memorandum dated 11/10/09
Draft Resolution
Attachment A (3 versions)
Minutes from the Finance Safety Committee meeting of 11/17/09
12/07/09 1 Resolution in final. form
29
30
City of Tukwila
Washington
Resolution No.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ADOPTING THE 2010 -2015 FINANCIAL PLANNING
MODEL AND THE CAPITAL IMPROVEMENT PROGRAM FOR GENERAL
GOVERNMENT AND THE CITY'S ENTERPRISE FUNDS.
WHEREAS, when used in conjunction with the biennial City budget, the Capital
Improvement Program (CIP) and the Financial Planning Model for the period 2010 -2015
are resource documents to help plan directions the City will consider for the future; and
WHEREAS, the Financial Planning Model and Capital Improvement Program are
not permanent fixed plans, but are guidelines or tools to help reflect future goals and
future resources at the time budgets are being planned; and
WHEREAS, the commitment of funds and resources can only be made through the
budget process;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. The City Council hereby adopts the 2010 -2015 Financial Planning Model
and accompanying Capital Improvement Program, incorporated by this reference as if
fully set forth herein.
Section 2. A copy of the 2010 -2015 Financial Planning Model and accompanying
Capital Improvement Program shall be kept on file in the City Clerk's Office.
Section 3. The assumptions, revenues and expenditures will be reviewed and
updated annually, or as necessary, by the City Council.
Section 4. The detail of Capital Improvement Program projects will be reflected in the
published Financial Planning Model and Capital Improvement Program 2010 -2015.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2009.
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
W:\ Word Processing Resolutions \2010 -2015 Financial Planning Model CIP.doc
GL:ksn 11/30/2009
Joan Hernandez, Council President
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Attachment: Financial Planning Model and Capital Improvement Program 2010 -2015
Page 1 of 1
31
32
COUNCIL AGENDA SYNOPSIS
J ��I I LA wq Initials ITEM NO.
s I Meeting Date 1 Prepared by Mayors review 1 Council rev4'ew 1
11/23/09 1 KK 1, I r a 1
12/07/09 1 KK 1 414 I
ITEM. INFORMATION
CAS NUMBER: 09-164 'ORIGINAL AGENDA DATE: NOVEMBER 23, 2009
AGENDA ITEM TITLE A contract with PJKH, LLC on behalf of Seattle Southside Visitor Services (SSVS) for
website redesign and production.
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 1.1/23/09 Mtg Date 12/07/09 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P &R Police PW
SPONSOR'S The Council is being asked to authorize the Mayor to sign a contract with PJKH, LLC on
SUMMARY behalf of Seattle Southside Visitor Services (SSVS) for website redesign and production in
an amount not to exceed $52,920.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DA "t'E: 11/17/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Mayor's Office
COMMIT IRE Unanimous Approval; Forward to Committee of the Whole
COST'IMPACT /;FUND..: SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$52,920 $100,000
Fund Source: LODGING TAX FUND 101.00.557301.44.12 (NOT GENERAL FUND)
Comments: Unanimous Approval by the Lodging Tax Advisory Committee; Forward to Finance Safety
1 MTG. DATE RECORD -OF COUNCIL ACTION
11/23/09 Forward to next Regular Meeting
ATTACHMENTS
1 MTG. -DATE
11/23/09 Informational Memorandum dated 11/18/09
Proposal from PJKH, LLC
Minutes from the Lodging Tax Advisory Committee meeting of 10/29/09
Minutes from the Finance and Safety Committee meeting of 11/17/09
12/07/09 No attachments
34
COUNCIL AGENDA SYNOPSIS
revie
C �Yd 1 LA W,,, \y Initials ITEMNO,
\S Meeting Date 1 Prepared b 0 y y Mayor s review Council w ft: G) 11/23/09 KK 1 J,.i. 1
12/07/09 KK 1 4AV 1
190: I 0,
ITEM INFORMATION
CAS NUMBER: 09-165 I ORIGINAL AGENDA DATE: NOVEMBER 23, 2009
AGENDA ITEM TITLE A contract with Lunar Cow on behalf of Seattle Southside Visitor Services to
redesign and print the vacation planner.
CATEGORY Disczusion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 11/23/09 Mtg Date 12/07/09 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW
SPONSOR'S The Council is being asked to authorize the Mayor to sign a contract with Lunar Cow on
SUMMARY behalf of Seattle Southside Visitor Services (SSVS) to re- design, print and create an online
version of the vacation planner in an amount not to exceed $50,910.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte
El Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 11/17/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Mayor's Office
Comminr;E unanimous Approval; Forward to Committee of the Whole
CO FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$50,910 $70,000
Fund Source: LODGING TAX FUND 101.00.557.301.44.15 (NOT GENERAL FUND)
Comments: Unanimous Approval by the Lodging Tax Advisory Committee; Forward to Finance Safety
MTG 'DATE 1 "is RECORD OF COUNCIL `ACTION l..:: i: I. I:
11/23/09 1 Forward to next Regular Meeting
MTG. DATE I "':'ATTACHMENTS
11/23/09 Informational Memorandum dated 11/18/09
Proposal from Lunar Cow
Vacation planner proposal matrix
Minutes from the Finance and Safety Committee meeting of 11/17/09
I 12/7/09 1 No attachments
1
I
36
COUNCIL AGENDA SYNOPSIS
04 ILA l
.4‘y Initials ITEM NO.
4 ef)3, Meeting Date 1 P epared by J Mayor's review J Council yeviejv
11/23/09 RT j
x 1 1 12/07/09 RT J I
1
906
6 E
ITEM INFORMATION
CAS NUMBER: 09-166 I ORIGINAL AGENDA DA 1'E: NOVEMBER 23, 2009
AGENDA ITEM TITLE Interlocal Agreement with King County Road Services Division
CATEGORY Discussion Motion Resolution Ordinance Bid Avard Public Hearing Other
Mtg Date 11/23/09 Mtg Date 12/07/09 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD El Finance Fire Legal P&R Police PV
SPONSOR'S This Interlocal Agreement with King County Road Services Division will enable the City to
SUMMARY use King County services in the event of an emergency or disaster where cleanup,
maintenance, or construction work is necessary. The type of services requested of King
County may be too large or cannot be completed by our City staff due to limited time and
available personnel. This is a no cost commitment from the City and all requested work
with the scope and cost must accepted by the City.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 11/16/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMITTEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND. SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source:
Comments: Master agreement with no cost commitment, each service will be specifically submitted,
MTG. DATE RECORD OF COUNCIL ACTION
11/23/09 I Forward to next Regular Meeting
12/07/09 I
MTG. DATE ATTACHMENTS
11/23/09 I Informational Memorandum dated 11/12/09
I Interlocal Agreement
Minutes from the Transportation Committee meeting of 11/16/09
12/07/09 I No attachments
38
COUNCIL AGENDA SYNOPSIS
�vJ ILA
Initialr ITEM NO.
£c #Y Z 1 Meeting Date repared by 1 Mayor's review 1 Councz4 rei iew
TM 0 1 11/23/09 BG 1 1
4. 12/07/09 I' BG
29o: 1
s Sr. I 1 I I
ITEM INFORMATION
CAS NUMBER: 09-167 I ORIGINAL AGENDA DATE: NOVEMBER 23, 2009
AGENDA ITEM TITLE Ordinance Authorizing the Use of King County Standards for the
South Park Bridge Replacement Project
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 11/23/09 Mtg Date Mtg Date Mtg Date 12/07/09 Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police Pi/
SPONSOR'S This Ordinance will adopt all King County development codes for the South Park Bridge
SUMMARY Replacement Project. In 2001, King County and the City reached an agreement (see
Resolution 1508 and Interlocal Agreement) for the transfer of the South Park Bridge.
Section 4.4 requires the City to enact an ordinance that adopts all King County zoning,
land use, shoreline and development regulations and fees for the South Park Bridge.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 11/16/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Public Works
COMMII IEE Unanimous Approval; Forward to Committee of the Whole
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source:
Comments:
MTG. DATE I RECORD OF COUNCIL ACTION
11/23/09 Forward to next Regular Meeting
12/07/09
MTG. DATE I ATTACHMENTS
11/23/09 1 Informational Memorandum dated 11/13/09
Draft Ordinance
Resolution 1508
Interlocal Agreement 03 -032
Minutes from the Transportation Committee meeting of 11/16/09
12/07/09 Ordinance in final form
40
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ADOPTING ALL KING COUNTY ZONING, LAND USE,
SHORELINE AND OTHER DEVELOPMENT REGULATIONS FOR ANY WORK
RELATED TO THE SOUTH PARK BRIDGE THAT IS AUTHORIZED BY AN
INTERLOCAL AGREEMENT BETWEEN THE CITY OF TUKWILA AND KING
COUNTY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City of Tukwila wishes to divest itself of responsibility for that portion of
the South Park Bridge that is located within its corporate boundary; and
WHEREAS, the City of Tukwila accordingly entered into an Interlocal Agreement (ILA)
with King County for the transfer of responsibilities for the operation, maintenance,
rehabilitation and /or replacement of the South Park Bridge; and
WHEREAS, the ILA transferred all City authority to review and render decisions on land
use, building and other development permit applications related to the South Park Bridge to
King County; and
WHEREAS, in reviewing permit applications related to the South Park Bridge, King
County is required to apply the King County Code; and
WHEREAS, the terms of the ILA required the City of Tukwila to enact an ordinance
adopting all County zoning, land use, shoreline and development regulations for any work
related to the South Park Bridge;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Regulations Adopted. The City of Tukwila hereby adopts all King County
zoning, land use, shoreline and development regulations for any work related to the South Park
Bridge as authorized by the "Interlocal Agreement between King County and the City of
Tukwila Relating to the Maintenance, Operation, Rehabilitation and /or Replacement of the
South Park Bridge," a copy of which is attached hereto as "Exhibit A."
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, WASHINGTON, at a
Regular Meeting thereof this day of 2009.
ATTEST/ AUTHENTICATED:
Office of the City Attorney
Attachment: Exhibit A Interlocal Agreement
W: \Word Processing Ordinances \South Park Bridge.doc
BG:ksn 11/30/2009
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Page 1 of 1
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INTERLOCAL AGREEMENT
Between
KING COUNTY and the CITY of TUKWILA
Relating to the Maintenance, Operation, Rehabilitation and /or
Replacement of the South Park Bridge
THIS AGREEMENT is entered into between King County (hereinafter "the County
and the City of Tukwila (hereinafter "the City regarding the South Park Bridge (hereinafter "the
Bridge The County and the City are referred to collectively as "the Parties."
RECITALS
A. The Bridge is located on 14 /16 Avenue South across the Duwamish River,
placing the north half of the Bridge in Tukwila and the south half of the Bridge in unincorporated
King County The County and Tukwila each own the half of the Bridge that is located within its
respective jurisdiction
B The County and the City previously entered into the interlocal agreement titled An
Agreement for Interjurisdictional Cooperation Between King County and the City of Tukwila
Concerning the 16` Avenue South Bridge and Roads Operation and Maintenance in Fire
District #1, which was executed by the City on November 6, 1989, and by the County on
December 5, 1989 "the 1989 Agreement concerning the maintenance and operation of the
Bridge
C The Bridge's age, condition and susceptibility to future seismic events, may
necessitate immediate capital planning and projects to extend the useful life of the Bridge
D The City does not have a sufficient, stable source of revenue to provide for the
capital funding necessary to extend the useful life of the Bridge
E The City now desires to permanently divest itself of responsibility for the
management and financial obligation for its half of the Bridge in lieu of closing the Bridge.
F Bridge rehabilitation or replacement is an identified capital project in the King
County Roads Capital Improvement Program for the years 2002 -2007
G The County has a vested interest in keeping the Bridge open and making
associated road improvements as it provides a vital link in the regional transportation system for
freight mobility to the region's industrial and commercial centers. The Bridge also serves
unincorporated King County and the cities of Seattle and Tukwila.
H The County now desires to assume the maintenance and operation of the City's
half of the Bridge
Interlocal Agreement
For South Park Bridge
Between Kine County and City of Tukwila
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AGi o3 o.6z
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I It is in the best interest of the public that the City and the County take the actions
herein as necessary to keep the Bridge open and to maintain the Bridge in safe operational
manner
J The County and the City are authorized, pursuant to RCW Chapter 39.34 and
Article 11 of the Washington State Constitution, to enter into this interlocal agreement.
NOW, THEREFORE, in consideration of the mutual promises contained herein and
other good and valuable consideration, the receipt and adequacy of which are hereby
acknowledged, the City and County agree as follows
1 Purpose
The purpose of this Agreement is to define the County's and City's future roles and
responsibilities regarding the operation and maintenance of the Bndge and to establish the
entirety of the City's financial obligation toward the Bridge's annual operation, routine and major
maintenance, or capital projects beginning in the year 2003
2 Definitions
2 1 "Bridge" means the South Park Bridge located on 14 /16 Avenue South across
the Duwamish River and is defined as the structure between the points that the roadway leaves
grade This includes the supporting piers, towers, foundations, mechanical and electrical
systems, and the pier protection system.
2.2 "Operation" means the labor, equipment, materials and maintenance necessary to
keep both the roadway in service and the bascule lift portion of the Bndge operable to raise and
lower the Bridge for marine traffic
2 3 "Capital Project" means a project to replace or reconstruct the entire bridge, or a
major portion thereof, to significantly extend the life of the Bridge
2 4 "Major maintenance" means painting, redecking, widespread concrete repairs, and
other work necessary to preserve the structural integrity and normal predictable operation of the
Bridge or to repair the Bridge
2 5 "Project" means preparation of plans and specifications, property acquisition,
including, but not limited to, appraisal and negotiations, construction, construction inspection
and other miscellaneous administrative duties consistent with overseeing the design and
construction of major capital, rehabilitation or replacement of the Bridge and associated roadway
improvements.
2 6 "Routine maintenance" means scheduled minor cleaning, minor
electrical /mechanical tasks, State of Washington Inventory of Bridges and Structures (SWIBS)
inspections, and other minor scheduled repairs
Interlocal Agreement
For South Park Bridge
Between King County and City of Tukwila
2
3. Financial Arrangement and Other Considerations
3 1 The City agrees to make a one time financial contribution of $3,000,000 to the
County payable no later than December 31, 2002 The City will have no obligation to provide
any further financial consideration to the County for any reason, at any time, and irrespective of
any emergency, except as provided for in Section 8
3.2 The City agrees to engage in the following actions
3.2 1 The City agrees to assist the County in securing state and federal funding
for Bridge Capital Projects and to enter into any agreements to secure such funding or to
carry out such projects.
3.2.2 The City hereby grants to the County right of entry into the corporate
limits of the City for all purposes related to the maintenance, operation, rehabilitation,
repair or replacement of the Bridge
3.3 The County agrees to assume sole responsibility for operating, maintaining,
repairing, and /or replacing the Bridge and to relieve Tukwila of any further obligation for
operating, maintaining, repairing, and /or replacing the Bridge unless this Agreement is
terminated by the written agreement of the Parties
3 4 The County agrees to expend the City's financial contribution in the following
manner
3 4 1 The County intends to pursue a Capital Project that will extend the useful
life of the Bridge either through rehabilitation or replacement of the Bridge
3 4.2 The County may, at its sole discretion, use all or a portion of the City's
financial contribution for operation and maintenance, routine or major maintenance, or
completion of a Capital Project.
3 4 3 The County agrees that the City's financial contribution will be spent
solely on the Bridge The funds will not be used for any other County road capital or
maintenance project.
3 4 4 Should the County close and /or decommission the Bridge, any unspent
funds contributed by the City pursuant to this agreement will be remitted to the City by
the County after the closure /decommissioning. The City's financial obligation may be
spent to accomplish such closure or decommissioning.
4 County to Process and Decide Bridge Permits on Behalf of the City
4 1 All City authority to review and render decisions on land use, building and other
development permit applications related to the Bridge is hereby transferred to the County Such
Interlocal Agreement
For South Park Bridge
Between King County and City of Tukwila
3
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5. SEPA Compliance
6. Duration
interlocal Agreement
For South Park Bridge
Between king County and City of Tukwila
authority includes, but is not limited to, fee collection, application intake and review, application
engineering review, permit decision making, permit inspections, issuance of final approvals, and
all other permit processing on behalf of the City
4 2 Administrative or quasi judicial appeals of County decisions rendered for permits
related to the Bridge, if any, shall be heard and decided by the County
4.3 In reviewing permit applications pursuant to this Agreement, the County will
apply the King County Code.
4 4 In order to enable the County to process permit applications, the City shall enact
an ordinance adopting all County zoning, land use, shoreline and development regulations,
including related fees, as currently adopted or hereafter amended, for any work related to the
Bndge that is authorized by this Agreement.
5 1 In order to satisfy the requirements of the State Environmental Policy Act (SEPA)
or the National Environmental Policy Act (NEPA), the County shall serve as the lead agency for
all work and permitting related to the Bridge and the City and the County will, if necessary,
execute a lead agency agreement to implement this paragraph.
5.2 Administrative or quasi judicial appeals of County SEPA decisions related to the
Bridge, if any, shall be heard and decided by the County to the extent allowed by law
6 1 This Agreement will become effective when duly executed by both parties and
shall remain in effect unless terminated by the written agreement of the Parties.
6.2 If any portion of the Bridge is annexed into the jurisdiction of the City of Seattle
the County may assign its rights and obligations in this Agreement to the City of Seattle Any
other assignment of the rights and obligations in this Agreement may be made only if the Parties
agree to such assignment in writing.
6 3 The County's authority and obligations under this Agreement shall commence,
and the 1989 Agreement shall terminate on January 1, 2003 (the "Commencement Date
provided that the City has given its financial contribution to the County as set forth in Section
3 1 If the City has not given its financial contribution to the County by that date, the
Commencement Date will be the day on which such payment is made The County's authority
and obligations under this Agreement shall not commence until such payment is made.
6.4 The terms of the 1989 Agreement governing indemnification will apply to any and
all costs, expenses, claims, actions, suits, liability, loss, judgments, attorney's fees and /or awards
of damages arising out of or in any way resulting from any act of the Parties and their officers,
4
agents and employees that occurred prior to the Commencement Date The terms of this
Agreement governing indemnification will apply to any and all costs, expenses, claims, actions,
suits, liability, loss, judgments, attorney's fees and /or awards of damages arising out of or in any
way resulting from any act of the Parties and their officers, agents and employees that occurred
on or after to the Commencement Date
7 County Authority
7 1 The County shall have the sole authority to operate, maintain, repair, and /or
replace the Bndge
7.2 With regard to the operation, maintenance, repair and/or replacement of the
Bridge, the County shall be responsible for performing design, engineenng, grant funding,
administrative and clerical services, for obtaining any necessary property, for reviewing any
permits for work on the Bridge, and for all other matters necessary to operate, maintain, repair
and/or replace the Bridge
7 3 The County will have full authority to make any decisions related to the operation,
maintenance and management of the Bridge to the same extent as if the entire Bridge were part
of the County road system including, without limitation, the authority to close and /or
decommission the Bridge at any time if, in the County's judgment, closing and /or
decommissioning the Bridge is necessitated by earthquake, vandalism, ship collision, settlement,
fire, extraordinary natural events or weather conditions, riots, irreparable degradation or
destruction of the Bridge, imminent safety considerations, or other causes beyond the reasonable
control of the County In addition, the County may close and /or decommission the Bridge if, in
the County's judgment, it is unreasonably costly to keep the Bndge open, provided that the
County gives the City one year's notice of its intent to close and /or decommission the Bridge for
that reason.
7 4 In implementing this Agreement for the portion of the Bridge and immediately
adjacent roadways within the City, the County Road Engineer may exercise all the powers and
perform all the duties vested by law or ordinance in the City Engineer or other City officer or
department charged with street administration.
7 5 The County shall be responsible for the acquisition of all property and easements
necessary to implement this Agreement. The City agrees to use its best efforts to assist and
cooperate with the County's efforts to acquire property and easements that lie within the City
Through the execution of this Agreement, the City authonzes the County to exercise eminent
domain within the corporate limits of the City necessary to implement this Agreement. The
County shall furnish the City with all necessary legal property descriptions for any property or
easements requiring action by the City Title to all property and easements that are located within
the City shall be in the City The County, and not the City, will be solely liable for all costs
associated with the procurement of such property and easements, including all legal costs,
attorneys' fees, and condemnation damages, if any
Interlocal Agreement
For South Park Bridge
Between King County and City of Tukwila
5
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8. Liability to Third Parties
9 General Provisions
8 1 To the extent permitted by law, each party shall protect, defend, indemnify and
save harmless the other party, its officials, employees and agents, from any and all costs,
expenses, claims, actions, suits, liability, loss, judgments, attorney's fees and /or awards of
damages arising out of or in any way resulting from the indemnifying party's, or its officials
employees' and agents', acts, errors or omissions related to the Bridge If such costs, expenses,
claims, actions, suits, liability, loss, judgments, attorney s fees and /or awards of damages are
caused by, or result from, the concurrent negligence of the parties, or their officials, employees
and agents, this Section shall be valid and enforceable only to the extent of the negligence of
each party, its officials, employees and agents
8.2 The foregoing indemnity is specifically and expressly intended to constitute a
waiver of indemnifying party's immunity under Washington's Industrial Insurance Act, RCW
Title 51, as respects the indemnified party only, and only to the extent necessary to provide the
indemnified party with a full and complete indemnity of claims made by the indemnitor's
employees. The parties acknowledge that these provisions were specifically negotiated and
agreed by them.
9 1 Administration. The Parties to this Agreement shall appoint a contact person or
persons to act as liaisons between the parties. For the purposes of Chapter 39 34 RCW, the
County shall be the Administrator of this Agreement.
9.2 Records and Accounting. The Parties' records related to any matters covered by
this Agreement and not otherwise privileged shall be subject to inspection, review, and /or audit
by the other Party at the requesting Party's sole expense Such records shall be made available for
inspection during regular business hours within a reasonable time of the request.
9.3 Independent Contractor The County shall be deemed an independent contractor
for all purposes and the employees of the County, or any of its contractors, subcontractors and
their employees, shall not in any manner be deemed to be employees or agents of the City
Neither the County, nor any employee of the County shall be entitled to any benefits accorded
City employees by virtue of the services provided under this Agreement. The City shall not be
responsible for withholding or otherwise deducting federal income tax or social security or
contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an
employer with respect to the County, or any employee of the County
9 4 Governing Law and Venue. This Agreement has been executed under and shall
be construed and enforced in accordance with the laws of the State of Washington. If there is any
litigation or other proceeding to enforce or interpret any provisions within this Agreement,
jurisdiction shall be in the courts of the State of Washington and venue shall be in King County,
except if there is a federal claim involved, in which case jurisdiction shall be as allowed by
federal law
Interlocal Agreement
For South Park Bridge
Between King County and City of Tukwila
9.5 No Third Party Rights. Nothing contained herein is intended to, nor shall be
construed to, create any rights in any person or entity not a signatory to this Agreement, or to
form the basis for any liability on the part of the City, the County, or their officials, employees,
agents or representatives, to any person or entity not a signatory to this Agreement.
9 6 Notice. All notices provided for in this Agreement may be telecopied /faxed, sent
by recognized overnight courier, personally delivered, or mailed by first class U S Mail, postage
prepaid, to the individuals at the following addresses
King County
ATTN Manager, King County Roads
201 S Jackson Street
Seattle, WA. 98104
City of Tukwila
ATTN City Administrator
6200 Southcenter Blvd
Tukwila, WA 98188
9 8 Waiver Waiver of any breach of any provision of this Agreement shall not be
deemed to be a waiver of any prior or subsequent breach and shall not be construed to be a
modification of the terms of this Agreement.
9 9 Headings. The headings of the various sections and subsections of this
Agreement are inserted for convenience only and shall not be deemed to expand, limit, or
otherwise affect its terms and conditions
9 10 Entire Agreement. This Agreement contains the entire agreement of the Parties
and any representations or understandings, whether oral or wntten, not incorporated herein are
excluded.
9 11 Amendment. This Agreement may not be amended, modified or changed, nor
shall any provision hereof be deemed waived, except by an instrument in writing signed by both
parties
9 12 Counterparts. This Agreement may be signed in counterparts and, if so signed,
shall be deemed one integrated agreement.
9 13 Severability If any provision of the Agreement is found by a court of competent
junsdiction to be invalid or unenforceable as written, then the Parties intend and desire that such
provision be enforceable to the full extent permitted by law if it would then continue to serve the
purposes and objectives of the Parties, and that the invalidity or unenforceability of such
provision shall not affect the validity or enforceability of the remainder of this Agreement if such
remainder would then continue to serve the purposes and objectives of the parties.
9 14 Recording Pursuant to RCW 39.34 040, upon the execution of this Agreement
the County will cause this Agreement to be recorded with the King County Office of Records and
Elections.
Interlocal Agreement
For South Park Bridee
Between king County and City of Tukwila
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IN WITNESS WHEREOF, the Parties have executed this Agreement effective as of the
date last written below
KING COUNTY
King County Execute Mayor
Date 3
r
‘-d
APPROVED AS TO FORM
Senior Deputy Prosecuting Attomey
Date
/�3
Interlocal Agreement
For South Park Bridee
Between King County and City. of Tukwila
8
CITY OF TUKWILA
Date 1 /a/c S
APPROVED AS TO FORM
City Alton"(
Date zApiuZ
COUNCIL AGENDA SYNOPSIS
J p� q ILA w
s y Initials ITEMNO.
Meeting Date Prepared
O r` by Mayor's review Counci review
a 11/23/09 1 SO I 1 0'/ Y
12/07/09 1 SO I I
I 90 B I
ITEM INFORMATION
CAS NUMBER: 09-169 I ORIGINAL AGENDA DATE: NOVEMBER 23, 2009
AGENDA ITEM TITLE Contract with Commercial Development Solutions for management of the Tukwila
South project.
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 11/23/09 Mtg Date 12/07/09 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire El Legal P&R Police PWI
SPONSOR'S The Council is being asked to authorize the Mayor to approve the extension of a contract
SUMMARY with Commercial Development Solutions through December 2010 at a rate of $11,000 per
month.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte
❑Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 11/17/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Review and approval
COMMITTEE unanimous Approval; Forward to Committee of the Whole
.COST IMPACT./ FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$11,000 /month
Fund Source: 000.03.513.100.41.01
Comments:
MTG DATE_ RECORD OF COUNCIL ACTION::
11/23/09 1 Forward to next Regular Meeting
12/07/09
MTG.DATE. ATTACHMENTS
11/23/09 Informational Memorandum dated 11/9/2009
Contract with Commercial Development Solutions
Minutes from the Finance Safety Committee meeting of 11/17/09
12/7/09 f No attachments
b1
52
COUNCIL AGENDA SYNOPSIS
1LA Initials ITEm No.
4 r' PI -I• I Meeting Date Prepared by Mayor's review Council ceview,
1 az 9 11/23/09 1 SH H
12/07/09 SH 4141' 1-J iyy0
2 90B
ITEM INFORMATION
CAS NUMBER: 09-171 ORIGINAL AGENDA DATE: NOVEMBER 23, 2009
AGENDA ITEM TITLE An ordinance and policy regarding City cash reserves.
CATEGORY Z Discussion 0 Motion 0 Resolution Z Ordinance Bid Award Public Hearing LI Other
Mtg Date 11/23/09 Mtg Date Mtg Date Mtg Date 12/07/09 Mtg Date Mtg Date Mtg Date
SPONSOR El Council 0 Mayor 0 Adm Svcs LI DCD Z Finance 0 Fire Z Legal 0 P&R 0 Police PIV
SPONSOR'S The ordinance adds new regulations, TMC 3.34, providing for adoption by reference
SUMMARY proposed Administrative Policy No. 300-15, Reserve Policy. The policy would provide for
cash reserves to address revenue shortfalls, unplanned expenses and mitigate the risk of
loss of uninsured claims against the City.
The Council is being asked to approve the ordinance adopting Policy 300-15.
REVIEWED BY LI COW Mtg. 111 CA&P Cmte LI F&S Cmte 111 Transportation Cmte
0 Utilities Cmte 0 Arts Comm. 11 Parks Comm. LI Planning Comm.
DA I E:
RECOMMENDATIONS:
SPONSOR/ADMIN. Finance Department
Comm' I LEE Committee Chair consent to take this item directly to COW
COST IMPACT/ FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG.' DATE 1 RECORD OF COUNCIL ACTION
11/23/09 Forward to next Regular Meeting
12/07/09
MTG. DATE 1 ATTACHMENTS
11/23/09 1 Informational Memorandum dated 11/19/09
Ordinance in Draft Form
Administrative Policy No. 300-15, Reserve Policy
12/07/09 Ordinance in final form
54
City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ESTABLISHING NEW REGULATIONS REGARDING CITY
CASH RESERVES, TO BE CODIFIED AT TUKWILA MUNICIPAL CODE
CHAPTER 3.34, "RESERVE POLICY PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council recognizes that the City of Tukwila is in need of a reserve
policy that provides resources for unplanned expenses, to offset unexpected revenue
declines and to improve the long -term financial condition of the City; and
WHEREAS, the City Council recognizes establishing such a reserve policy has a direct
effect upon the bond rating of the City, which could result in future decreased borrowing
costs; and
WHEREAS, the City Council has determined it is in the best interest of its citizens and
businesses to provide long -term financial stability, reduce reliance upon one -time cost
savings, to address unplanned economic challenges that might face the City in the future;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Regulations Established. Tukwila Municipal Code Chapter 3.34, "Reserve
Policy," is hereby created to read as follows:
3.34 Reserve Policy
City Administrative Policy No. 300 -15, "Reserve Policy," attached to this ordinance as
"Exhibit A," is hereby adopted and incorporated into this chapter by reference as if fully set
forth herein. The Finance Director is required to maintain the administrative reserve policy.
Changes to the policy require approval by the City Council Finance and Safety Committee.
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 and effect 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 2009.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, CMC
APPROVED AS TO FORM BY:
Office of the City Attorney
Attachment Exhibit A Reserve Policy 300 -15
W:\ Word Processing \Ordinances \Cash Reserve Policy.doc
SH:ksn 11/30/2009
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Page 1 of 1
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1.0 PURPOSE:
CITY OF TUKWILA
ADMINISTRATIVE MANUAL
TITLE: RESERVE POLICY
2.0 ORGANIZATION AFFECTED:
All City funds.
3.0 REFERENCES:
4.0 GENERAL FUND RESERVE POLICY:
2% by December 31, 2011
4% by December 31, 2012
6% by December 31, 2013
8% by December 31, 2014
Index: 300 -15
Page 1 of 5
To establish a Reserve Policy for the City which is capable of addressing the
various types (categories) of the City's operating and restricted use funds. The
objectives of this Policy are to (i) provide a clear understanding of the goals and
objectives of reserve establishment, (ii) offer guidance and limitations regarding the
establishment, use and replenishment of City reserves, and (iii) establish a process
for periodic reporting and review of City reserves.
The General Fund is used to account for all general revenues of the City not
specifically levied or collected for other City funds, and for expenditures related to
providing general services by the City. For the purpose of this policy and as it
applies to the General Fund only, the City will establish a Contingency Reserve
Fund with a minimum balance of 8% of annual General Fund revenues. At no time,
however, shall the balance in the Contingency Reserve Fund fall below 4% unless
specifically waived by the City Council because of an unforeseen emergency.
The Contingency Reserve Fund shall initially be set at a minimum of 4% of annual
General Fund revenues. The City shall reach the targeted minimum of 8% no later
than fiscal year 2014 according to the following schedule:
4.1 If actual expenditures in the General Fund are less than budgeted
expenditures, and the General Fund does not end the year at a deficit, at least
25% of the difference between budgeted and actual expenditures will revert to
the Contingency Reserve Fund and may then be re- appropriated in a
subsequent year at the discretion of the City Council.
4.2 The City will annually direct a minimum of 25% of sales tax receipts from new
construction (NAICS Industry Classification Code 23) to the Contingency
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TITLE: RESERVE POLICY
Index: 300 -15
Page 2 of 5
Reserve Fund.
4.3 Use of Contingency Reserve Fund To the extent that there is an imbalance
in the General Fund between revenues and budgeted expenditures, City
Council and administration will strive to address the imbalance first with
revenue increases, expenditure reductions, or a combination of the two.
Use of the Contingency Reserve Fund is a one -time, non recurring funding
source. If an imbalance in the General Fund occurs that can not be addressed
with additional revenues or expenditure reductions, a multi -year plan shall be
developed to address the imbalance concurrently with the planned reserve
draw down of the Contingency Fund. The implementation of the replenishment
plan will be done in accordance with the guidelines below (see
"Replenishment of Reserves A planned draw down of the fund's reserves
should: a) not exceed 50% of the balance in the Contingency Reserve Fund,
and b) not reduce the reserve below 4% of annual General Fund revenues.
4.4 Replenishment of Reserves The following criteria will be used to restore the
Contingency Reserve Fund based upon the remaining fund balance compared
to the minimum reserve guideline:
1. If the reserves are drawn down by 25 -50% of reserve fund balance,
then a budgetary plan shall be implemented to return the reserve level
to between 75% and 100% of the minimum balance over a 5 to 7 year
period.
2. If the reserves are drawn down by 10 -25% of reserve fund balance,
then the budgetary plan to restore the reserve shall be structured over
a 3 to 5 year period.
3. If the reserves are drawn down by 0 -10% of reserve fund balance, then
a solution to replenish to at least the minimum shall be structured over
a 1 to 3 year period.
4.5 Annual Status Reporting and Periodic Review Annually, after presentation of
the City's Comprehensive Annual Financial Report, the Finance Director will
prepare and present an updated Reserve Level Status report by July 1 of the
following year.
At least every five years, the Mayor, based on advice from the Finance
Director, will ask the City Council to reaffirm or revise this policy, including the
percentages established herein.
5.0 RISK MANAGEMENT RESERVE POLICY:
5.1. The City shall maintain a Risk Management Reserve Fund dedicated to
mitigation of the risk of loss arising from potential claims against the City for
general liability purposes as well as claims resulting from natural disasters
such as flooding and earthquakes.
5.2. The Risk Management Reserve Fund shall be set initially at a minimum of 4%
TITLE: RESERVE POLICY
of annual General Fund revenues. The City shall reach the targeted minimum
of 8% no later than fiscal year 2014 according to the following schedule:
2% by December 31, 2011
4% by December 31, 2012
6% by December 31, 2013
8% by December 31, 2014
Index: 300 -15
Page 3 of 5
5.3. Legal claims expenses incurred below the City's insurance deductable
amounts will be paid for out of the Risk Management Reserve Fund.
Uninsured legal claim expenses will also be deducted from the Risk
Management Reserve Fund.
5.4. Use of the Risk Management Reserve Fund A draw down of the fund's
reserves should: a) not exceed 50% of the balance in the Risk Management
Reserve Fund, and b) not reduce the reserve below 4% of annual General
Fund revenues.
5.5. Replenishment of Reserves The following criteria will be used to restore the
Risk Management Reserve Fund based upon the remaining fund balance
compared to the minimum reserve guideline:
1. If the reserves are drawn down by 25 -50% of reserve fund balance,
then a budgetary plan shall be implemented to return the reserve level
to between 75% and 100% of the minimum balance over a 5 to 7 year
period.
2. If the reserves are drawn down by 10 -25% of reserve fund balance,
then the budgetary plan to restore the reserve shall be structured over
a 3 to 5 year period.
3. If the reserves are drawn down by 0 -10% of reserve fund balance, then
a solution to replenish to at least the minimum shall be structured over
a 1 to 3 year period.
5.6. The City Council may, at their discretion and as necessary, transfer funds
between the Contingency Reserve Fund and the Risk Management Reserve
Fund. Once the two reserve funds are fully funded up to the minimum levels
as established within this policy, at no time will the combined balances of both
funds decline below 8% of annual General Fund revenues.
6.0 REVENUE STABILIZATION FUND POLICY:
6.1. The City shall maintain a Revenue Stabilization Fund dedicated to mitigating
the impact of unanticipated revenue declines.
6.2. The City shall appropriate, on an annual basis, a transfer of 1% of General
Fund revenue to the Revenue Stabilization Fund beginning with the 2011-
2012 biennial budget. The Revenue Stabilization Fund will not be utilized by
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TITLE: RESERVE POLICY
Index: 300 -15
Page 4 of 5
the City unless actual General Fund revenue is 5% or more below budgeted
revenue after six months through any given calendar year. At no point will the
balance in the Revenue Stabilization Fund decline by more than 50 unless
actual General Fund revenue is more than 20% below budgeted revenue.
6.3. In addition to the annual 1% appropriation, the City will transfer a minimum of
25% of the excess of any actual property tax or sales tax collections above the
respective budgeted amounts. Such transfer shall take place by March 31 of
the following fiscal year.
6.4. Replenishment of Reserves The following criteria will be used to restore the
Revenue Stabilization Fund based upon the remaining fund balance
compared to the minimum reserve guideline:
1. If the reserves are drawn down by 25 -50% of reserve fund balance,
then a budgetary plan shall be implemented to return the reserve level
to between 75% and 100% of the minimum balance over a 5 to 7 year
period.
2. If the reserves are drawn down by 10 -25% of reserve fund balance,
then the budgetary plan to restore the reserve shall be structured over
a 3 to 5 year period.
3. If the reserves are drawn down by 0 -10% of reserve fund balance, then
a solution to replenish to at least the minimum shall be structured over
a 1 to 3 year period.
6.5. If the accumulated balance in the Revenue Stabilization Fund exceeds 10% of
annual General Fund revenues, such excess shall be transferred to the
Contingency Reserve Fund.
7.0 ENTERPRISE FUND RESERVE POLICY:
7.1. The City shall maintain an adequate fund balance in each of the City's
enterprise funds to provide funding for capital expenses, unanticipated
revenue declines, and any other unbudgeted expense. The policy applies to
the following funds:
1. Water Fund
2. Sewer Fund
3. Surface Water Fund
4. Foster Golf Course Fund
7.2. The City shall incorporate into its customer rate structure funding for the
establishment and maintenance of a Working Capital Reserve Fund. The
reserve balance shall be no Tess than 20% of the previous year operating and
capital expenses. The City shall reach the targeted minimum of 20% no later
than fiscal year 2014 according to the following schedule:
TITLE: RESERVE POLICY
Title:
RESERVE POLICY
Effective Date:
12/11/09 N/A
5% by December 31, 2011
10% by December 31, 2012
15% by December 31, 2013
20% by December 31, 2014
Supercedes:
Index: 300 -15
Page 5 of 5
7.3. Use of the Working Capital Reserve Fund A draw down of the fund's
reserves should: a) not exceed 50% of the balance in the Working Capital
Reserve Fund, and b) not reduce the reserve below 10% of annual operating
and capital expenditures within each fund.
7.4. Replenishment of Reserves The following criteria will be used to restore the
Working Capital Reserve Fund based upon the remaining fund balance
compared to the minimum reserve guideline:
1. If the reserves are drawn down by 25 -50% of reserve fund balance,
then a budgetary plan shall be implemented to return the reserve level
to between 75% and 100% of the minimum balance over a 5 to 7 year
period.
2. If the reserves are drawn down by 10 -25% of reserve fund balance,
then the budgetary plan to restore the reserve shall be structured over
a 3 to 5 year period.
3. If the reserves are drawn down by 0 -10% of reserve fund balance, then
a solution to replenish to at least the minimum shall be structured over
a 1 to 3 year period.
7.5. The Working Capital Reserve fund shall be maintained within each of the
Enterprise Funds, but shall be separate from the accumulated fund balance
within each fund.
Initiating Department:
Finance Department
Mayor's Office Approval Signature:
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COUNCIL AGENDA SYNOPSIS
�vJ1LA ll,
�J �y Initials IrEMNo.
1 Meeting Date 1 Prepared by 1 Mayor' review Council review
1 11/23/09 1 JP 1 1 r TYLA 1
1 12/07/09 I JP
ATV
1 1
`11 12/14/09 1 JP I
290
ITEM INFORMATION
CAS NUMBER: 09-170 I ORIGINAL AGENDA DATE: NOVEMBER 23, 2009
AGENDA ITEM TITLE Four ordinances adopting a new Shoreline Master Program, revisions to
Comprehensive Plan policies on the shoreline, a new shoreline overlay disctrict, TMC
18.44 to replace the existing 18.44, and new definitions to be added to TMC 18.06.
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Date 11/23 12/7 Mtg Date Mtg Date Mtg Date 12/14/09 Mtg Date Mtg Date 4/20/09, Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PIP'
SPONSOR'S The council has held ten work sessions over the past five months to consider the Planning
SUMMARY Commission recommended Shoreline Master Program (SMP). The Council has made
revisions to this draft which are reflected in the revised SMP, the revised Comprehensive
Plan policies, a new TMC 18.44, the Shoreline Overlay district of the Zoning Code, and new
or revised definitions to be added to TMC 18.06. The Council is being asked to consider and
approve these ordinances and the new Shoreline Master Program.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
111 Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DA 1'E: 10 work sessions over the past 5 months, concluding 11/17/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Department of Community Development
COMMITTEE Ten Council work sessions to review SMP 7/07/09 11/17/09
COST IMPACT/ FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments.
1 MTG DATE RECORD OF COUNCIL ACTION
07/24/08 Joint City Council /Planning Commission briefing on staff recommended SMP
03/23/09 Committee of the Whole briefing on Planning Commission recommended Draft SMP
04/20/09 Public Hearing
11/23/09 Forward to December 7 Regular Meeting for continued discussion
1 MTG. DATE ATTACHMENTS
11/23/09 Informational Memorandum dated 11/19/09
Four SMP Ordinances, attachments and draft Cumulative Impacts Analysis
12/7/09 Informational Memorandum dated 12/02/09
Ordinance #1 and revised pages from Shoreline Master Program
Ordinance #2 and revised Comprehensive Plan policies
Revised Ordinance #3 and matrix identifying and explaining changes
Summary of Comments received at November 23 C.O.W., per Council request
b3
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TO:
FROM:
DATE:
SUBJECT: Revisions to Ordinance #1 and Ordinance #2 Attachments and
Ordinance #3, Shoreline Regulations
Attached you will find three of the ordinances considered at the November 23, 2009 Committee
of the Whole meeting.
Ordinance #1 is the ordinance adopting the Shoreline Master Program. Attached to this
ordinance are the pages from the SMP that have been revised as a result of Council action on
November 23, 2009. The changes have been identified in strikeout/underline format. Page
numbers on the bottom left hand side of the documents are the page numbers from the SMP
document you received in the November 23, 2009 Committee of the Whole agenda packet. No
revisions were made to the ordinance text at the November 23 meeting.
Ordinance #2 is the ordinance that adopts revisions to the Shoreline Element of the
Comprehensive Plan. Attached to the ordinance are the policies from the Comprehensive Plan
Shoreline Element with the changes identified in strikeout/underline. No revisions were made to
the ordinance text at the 11/23/09 meeting.
Ordinance #3 is the ordinance that adopts shoreline regulations (it will become the new
Shoreline Overlay District and replace the current TMC 18.44). The revised ordinance is
attached along with a chart that identifies the changes made by the Council at its meeting
on November 23, 2009. Page number references in the chart are to the document you
received in the November 23, 2009 Committee of the Whole Council meeting packet.
Also attached is a summary of the verbal comments received at the Committee of the Whole
meeting on November 23, 2009, per the Council's request.
RECOMMENDATION
ATTACHMENTS
City of Tukwila
INFORMATIONAL MEMORANDUM
TUKWILA CITY COUNCIL
Carol Lumb, Senior Planner
December 2, 2009
The Council is being asked to consider the 4 ordinances at the November 23, 2009 Committee
of the Whole meeting and the December 7, 2009 Regular Meeting, and adopt the ordinances at
the December 14, 2009 Special Meeting.
Ordinance #1 and revised pages from Shoreline Master Program
Ordinance #2 and revised Comprehensive Plan policies
Revised Ordinance #3 and Matrix Identifying and Explaining Changes
Summary of comments received at November 23, 2009 Committee of the Whole meeting
Jim Haggerton, Mayor
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AFT
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,
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 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, in order of preference, which: 1) recognize and protect the State -wide interest
over local interest; 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 shorelines; 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
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
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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 set forth in "Attachment A," is hereby adopted and shall become binding
as of the effective date of this ordinance on all properties within the shoreline jurisdiction.
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 and effect on the later of
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.
Al 1 EST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
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Jim Haggerton, Mayor
Attachment: "Attachment A" Shoreline Master Program
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Page 2 of 2
FOLLOWING ARE AMENDED PAGES FROM THE SHORELINE MASTER
PROGRAM, WHICH IS ATTACHMENT A TO ORDINANCE NUMBER 1 (adopting the
Shoreline Master Program)
These pages have been revised as a result of Council action on November 23, 2009.
The changes have been identified in strikeout/underline format. Page numbers on the
bottom left hand side of the documents are the same page numbers from the SMP
document in the November 23, 2009 Committee of the Whole agenda packet. No
revisions were made to the ordinance text at the November 23 meeting.
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LIST OF FIGURES
Figure 1. Current Tukwila SMP Shoreline Management Zones (1974 SMP; TMC 18.44) 46
Figure 2. Minimum Levee Profile 60
Figure 3. Schematic of Proposed Shoreline Residential Environment and Buffer 60
Figure 4. Schematic of Proposed Shoreline Jurisdiction and Buffers for the Urban
Conservancy Environment in Areas without Levees 62
Figure 5 Buffer Reduction with Backfill Option 66
Figure 6 Schematic Showing the Proposed Shoreline Jurisdiction and Buffer for the
Urban Conservancy Environment 67
Figure 75. Schematic Showing the Proposed Shoreline Jurisdiction and Buffer for the High
Intensity Environment 66
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) 48
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
Map 3. Annexation History
Map 4. Proposed Shoreline Environments
Map 5. Shoreline Armoring
Map 6 Sensitive Areas in the Shoreline
Map 7. Shoreline Public Access
APPENDICES
A. Shoreline Inventory and Characterization Report
B. Shoreline Restoration Plan
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Mean Higher High Water (MHHW): means the average of the higher high water
height of each tidal day, and used in determining the OHWM for the tidally influenced
portions of the river.
Native Vegetation: means vegetation with a genetic origin of Western Washington,
Northern Oregon and Southern British Columbia, not including cultivars.
No Net Loss: means a standard intended to ensure that shoreline development or uses,
whether permitted or exempt, are located and designed to avoid loss or degradation of
shoreline ecological functions that are necessary to sustain shoreline natural resources. In
program.
Nonconforming: means a use or development which was lawfully constructed or
established prior to the effective date of the Shoreline Management Act or the Shoreline
Master Program or amendments thereto, but which does not conform to present
regulations or standards of the program.
Non water oriented uses: means those uses that are not water dependent, water related,
or water enjoyment.
Ordinary high water mark: means that mark that will be found by examining the bed
and banks and ascertaining where the presence and action of waters (all lakes, streams,
and tidal water) are so common and usual, and so long continued in all ordinary years, as
to mark upon the soil a character distinct from that of the abutting upland, in respect to
vegetation as that condition exists on June 1, 1971, as it may naturally change thereafter,
or as it may change thereafter in accordance with permits issued by a local government or
the Department of Ecology. In any area where the ordinary high water mark cannot be
found, the ordinary high water mark adjoining salt water shall be the line of mean higher
high tide and the ordinary high water mark adjoining fresh water shall be the line of mean
high water.
Overwater Structure: means any device or structure projecting over the OHWM,
including, but not limited to bridges, boat lifts, wharves, piers, docks, ramps, floats or
buoys.
Pre cxisting Non- conformin>s Structure: means a structure legally established prior to
the effective date of the Shoreline Master Program, but which does not conform to
present regulations or standards of the program.
Prc cxistingNon- conforming Use: means a use legally established prior to the effective
date of the Shoreline Master Program, but which does not conform to present regulations
or standards of the program.
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Public Access: means the ability of the general public to reach, touch or enjoy the
water's edge, to travel on the waters of the state, and to view the water and the shoreline
from adjacent locations. Public access may be provided by an owner by easement,
covenant, or similar legal agreement of substantial walkways, corridors, parks, or other
areas serving as a means of view and/or physical approach to public waters. The Director
may approve limiting public access as to hours of availability, types of activity permitted,
location and area.
Regional Detention Facility: means a stormwater detention and /or retention facility that
accepts flow from multiple parcels and/or public ROW. The facility may be public or
private.
dcsian features that serve both public and nrivatc usc. such as an access road that also can
ccrvc as a trail. T 33 roads and othcr
imncrvious surfaces as far from the river as practical.
Revetment: means a sloping structure built to increase bank strength and protect an
embankment, or shore against erosion by waves or river currents. A revetment is usually
built of rock rip -rap, wood, or poured concrete. One or more filter layers of smaller rock
or filter cloth and "toe" protection are included. A revetment typically slopes and has a
rough or jagged face. The slope differentiates it from a bulkhead, which is a vertical
structure.
Riparian: means the land along the margins of rivers and streams.
Riverbank analysis and report: means a scientific study or evaluation conducted by
qualified experts and the resulting report to evaluate the ground and /or surface hydrology
and geology, the geomorphology and hydraulic characteristics of the river, the affected
land form and its susceptibility to mass wasting, erosion, scouring and other geologic
hazards or fluvial processes. The report shall include conclusions and recommendations
regarding the effect of the proposed development on geologic and/or hydraulic
conditions, the adequacy of the site to be developed, the impacts of the proposed
development, alternative approaches to the proposed development, and measures to
mitigate potential site specific and cumulative geological, hydrological and hydraulic
impacts of the proposed development, including the potential adverse impacts to adjacent
and down current properties. Geotechnical /Hydrological/Hydraulic reports shall conform
to accepted technical standards and must be prepared by qualified professional engineers
or geologists who have professional expertise about the regional and local shoreline
geology and processes.
Shorelands or shoreland areas: means those lands extending landward for two hundred
feet in all directions as measured on a horizontal plane from the ordinary high watermark;
floodways and contiguous floodplain areas landward two hundred feet from such
floodways; and all wetlands and river deltas associated with the streams, lakes and tidal
waters which are subject to the provisions of the SMA.
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6. SHORELINE GOALS AND POLICIES
The goals and policies listed below are taken from the City's 1995 Comprehensive Plan.
Strikeout/underlining has been used to indicate proposed revisions to the original 1995
text to reflect changed circumstances or newer requirements. The goals and policies are
found in Chapter 5 of the Comprehensive Plan. The Comprehensive Plan will be
amended to reflect these changes to goals and policies.
6.1 Shoreline Environment Designations. Comprehensive Plan Goal 5.1
Goal: Shoreline Environment designations that meet Washington State Shoreline
Management Act requirements, and reflect local conditions and Tukwila's long -term
vision for its shoreline. The shoreline jurisdiction generally extends for 200 feet on either
side of the Ordinary High Water mark, consistent with the Washington State Shoreline
Management Act. In order to implement this goal, the SMP proposes three Environment
Designations: Shoreline Residential, Urban Conservancy, and High Intensity (as detailed
in the Shoreline Environment Section) that comply with the Washington State Shoreline
Management Act and function well for the City.
Policies:
New Policy 5.1.1: Shoreline Residential Environment. In the Shoreline
Residential Environment, priority shall be given to the following:
o Uses that preserve or restore the natural character of the shoreline or
promote preservation of vegetation, open space, flood plain or
sensitive area lands; and
o Development that is compatible with the natural and biological
limitations of the land and water and that will not require extensive
alteration of the shoreline or new "hard" structural shoreline
stabilization. Where possible the removal of bulkheads, revetments,
levees or other "hard" structural shoreline stabilization is required.
Hard structural shoreline stabilization may be replaced with alternative
bioengineered bank stabilization; and
o On publicly owned property, water dependent or water related
recreational activities that are compatible with the character of the
shoreline residential areas.
o Maintenance of existing single family residential development patterns
and public open space and recreation uses;
o Residential and recreational development that promotes vegetation
conservation and enhancement, sensitive areas protection, and
maintenance of water quality to assure no net loss of shoreline
ecological functions;
o Residential and recreational development that contributes to the
restoration of ecological functions over time in areas where ecological
degradation has occurred.
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174
Policy 5.1.2, Urban Conservancy Environment: In the Urban Conservancy
Environment priority shall be given to the following:
o Development that promotes vegetation conservation and enhancement,
sensitive areas protection, and preservation of water quality to assure
no net loss of shoreline ecological functions.
o Water enjoyment uses
o Uses that remove shoreline armoring, unless required for a shoreline
dependent use, and uses that prevent and /or minimize flood
damage;
o Uses that preserve or restore shoreline ecological functions provided
by vegetation, open space, flood plain or sensitive area lands;
o Uses that minimize interference with navigation and flood control,
consider impacts to public views, and allow for the safe, unobstructed
passage of fish and wildlife, particularly those species dependent on
migration;
o Uses that provide public access and public recreation whenever
feasible and when ecological impacts can be mitigated;
o Development that is compatible with the natural and biological
limitations of the land and water that do not require extensive
alteration of the shoreline or new shoreline stabilization, except for
restoration projects.
o Uses that provide public access and public recreation whenever
feasible and ecological impacts can be mitigated;
o Enhancement and restoration of ecological functions; and
o Redevelopment of underutilized areas and development of commercial
and industrial activities where shoreline impacts are minimized and
where there is no net loss of shoreline functions.
New Policy 5.1.3, High Intensity Shoreline Environment: In the High
Intensity Environment, priority shall be given to the following:
o Water dependent commercial and industrial uses;
o Development that promotes vegetation conservation and enhancement,
sensitive areas protection, and preservation of water quality to assure
no net loss of shoreline ecological functions.
o Uses that remove shoreline armoring, unless required for a shoreline
dependent use, and uses that prevent and /or minimize flood damage;
o Uses that preserve or restore shoreline ecological functions provided
by vegetation, open space, flood plain or sensitive area lands;
o Uses that minimize interference with navigation and flood control,
consider impacts to public views, and allow for the safe, unobstructed
passage of fish and wildlife, particularly those species dependent on
migration;
o Uses that provide public access and public recreation whenever
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feasible and when ecological impacts can be mitigated;
o Development that is compatible with the natural and biological
limitations of the land and water that do not require extensive
alteration of the shoreline or new shoreline stabilization, except for
restoration projects.
o Uses that provide public access and public recreation whenever
feasible and ecological impacts can be mitigated;
o Enhancement and restoration of ecological functions; and
o Redevelopment of underutilized areas and development of intensive
commercial and industrial activities where shoreline impacts are
minimized and where there is no net loss of shoreline functions.
6.2 Shoreline Planning and Management, Comprehensive Plan Goal 5.2
Goal: Expanded value of the river as a community and regional resource through
regional coordination of shoreline management programs and through programs that
foster river appreciation and awareness, involving partnerships among businesses,
schools, government and community organizations.
Policies:
Policy 5.2.1: Coordinate shoreline planning and management activities with
other local jurisdictions and their plans such as the WRIA 9 Salmon Habitat
Plan and the King County Flood Hazard Management Plan to establish
region -wide consistency in addressing river issues with regional implications,
such as economic development, public access, wildlife habitat, water quality
control and flood control.
Policy 5.2.2: Promote river stewardship and increase river awareness through
actions which further shoreline goals, such as educational programs,
community activities, and partnerships with Tukwila residents, businesses,
schools, government, and community organizations.
New Policy 5.2.3: Promote and participate in the implementation of the
Watershed Resource Inventory Area (WRIA) 9 Plan, including supporting the
recommended projects located in Tukwila to improve the habitat functions of
the Green/Duwamish River, as well as the Plan policies and goals.
C. Implementation Strategies:
WRIA 9 Salmon Habitat Plan
Tukwila SMP Restoration Plan
King County Flood Hazard Management Plan
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1
6.3 Land Development Use and Economic Vitality, Comprehensive Plan Goal
5.3
Goal: Development along the shoreline that fosters the economic vitality of Tukwila
while preserving the long -term benefits of the river.
Policies:
Policy 5.3.1: Implement Shoreline Design Guidelines to:
o Encourage design that views the river as an amenity;
o Guide the design of multiple shoreline uses;
o Establish techniques for increasing multiple shoreline use;
o Prioritize locations for use;
o Encourage removal of invasive species with nonchemical methods and
maintenance of native planted vegetation to minimize the presence of
invasive species.
Policy 5.3.2: Design and locate all shoreline development to minimize impacts
on areas identified as important for other river uses, such as wildlife and
aquatic habitat, river vegetation, public access and recreation, historical
resource and flood control.
Policy 5.3.3: When no other feasible alternative exists, allow structures for
water dependent uses to be placed in the water, or structural reinforcement of
the riverbank, only when this provides a significant, long -term public benefit,
does not interfere with navigation or flood management, does not cause a loss
of shoreline function or is essential to a water dependent use.
Policy 5.3.4: Prohibit the construction of new flood control facilities unless
constructed to incorporate habitat restoration features and work to remove
existing shoreline armoring where possible— to restore habitat functions.
Policy 5.3.5: Recognize and promote the river's contribution to the economic
vitality of Tukwila, as a valuable amenity for existing and future businesses
which depend on or benefit from a shoreline location.
Policy 5.3.6: Ensure that shoreline development does not diminish the
commercial navigability of the River.
Policy 5.3.7: Tukwila Urban Center Development Policy: Design and locate
shoreline development in the Tukwila Urban Center to encourage water
enjoyment uses that:
o Provide for shoreline multiple uses that are consistent with the
underlying zoning;
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o Provide additional benefits, such as riverbank restoration, fishing
piers, non motorized boat launches, river views, or interpretive signs;
o Support public access to and along the shoreline;
o Provide water enjoyment uses as transitions between the river and
non -water dependent uses;
o Encourage efficient use of land, through such techniques as clustering,
mixed use projects, cooperative parking or parking located under
principal structures, and shared utility and access corridors.
o Ensure that new development and re- development in the Urban Center
acknowledges the goal of a continuous street facade along Christensen
Road and the riverfront and locates parking facilities to the interior of
the lot.
Implementation Strategies for Policy 5.3.7:
o Shoreline Design Guidelines
o Development Standards
o Tukwila Urban Center Plan
MIC Development Policy 5.3.8: Ensure that non -water dependent shoreline
development in the MIC provides for shoreline multiple uses to the extent that
site security and the success of industrial operations are not jeopardized;
ensures no net loss of shoreline function and provides adequate mitigation for
the loss of shoreline multiple use opportunities.
MIC Development Policy 5.3.9: Allow opportunities for commercial and
recreational marinas to locate in Tukwila downstream of the turning basin,
where compatible with existing and future navigability and existing and future
ecological restoration projects.
Policy 5.3.10: Development outside the Tukwila Urban Center or MIC:
Design and locate shoreline development outside of the Tukwila Urban Center
and the MIC to:
o Provide for multiple shoreline uses;
o Provide water enjoyment uses as transitions between the river and
non -water dependent uses;
o Encourage efficient use of land through such techniques as clustering,
mixed -use projects, cooperative parking or parking located under
principal structures, and shared utility and access corridors;
o Treat the river as an amenity in the design and location of the project.
6.4 Private Pronerty Rights. Comnrehensive Plan Goal 5.4
Goal: Protect rights of property owners to reasonable use and enjoyment of private
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property, through appropriate location, access to, and design of shoreline uses.
Policies
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Policy 5.4.1: Design, locate and manage shoreline uses in a manner which
maintains reasonable use and enjoyment of private property.
Policy5.4.2: Design and locate public access in a way that is appropriate for
the site, depending on site conditions and private property concerns.
Policy 5.4.3: Special sensitivity is required for residential property; therefore,
all single family residential development of four or fewer single family
residential lots is excluded from requirements to provide private or public
access. Single family property owners are not exempt from the responsibility
to improve the habitat value of the shoreline environment.
Policy 5.4.4. Maintain flexibility in methods of obtaining public access, to
allow for different site conditions and private property concerns that might
conflict with public access, such as privacy, safety, and security.
New Policy 5.4.5: Obtain additional easement area to permit the improvement
of flood control and river habitat by setting back levees or removing
revetments and other hard shoreline armoring and replacing with more
habitat friendly flood control levees or other shoreline treatment.
6.5 Shoreline Design Oualitv. Comprehensive Plan Goal 5.5
Goal: Enhanced identity of the river as a unique community asset through high quality
development and public activities that reflect Tukwila's history and sense of community
pride.
Policies:
Policy 5.5.1: Require that shoreline development outside of the MIC:
o Ensures no net loss of shoreline function;
o Is designed to be consistent with Tukwila Shoreline Design
Guidelines;
o Reflects principles of high quality design, in such areas as site
planning, architecture and landscaping;
o Includes setbacks, bulk, height, density, landscape buffers and
provisions for open space that enhance the shoreline environment.
Implementation Strategies for Policy 5.5.1:
o Shoreline design guidelines
o Shoreline development standards
o Tukwila Urban Center Plan
Policy 5.5.2: Require that shoreline development in the MIC:
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o Is designed to be consistent with Tukwila Shoreline Design
Guidelines;
o Maintains or enhances the existing visual quality along the river;
o Provides trees and other landscaping to buffer industrial uses that are
incompatible with other river uses;
o Provides amenities that enhance enjoyment of the river by employees.
Implementation Strategies for Policy 5.5.2:
Bo Shoreline design guidelines
Go Shoreline development standards
6.6 Access and Recreational Use, Comprehensive Plan Goal 5.6
Goal: Increase the amount and diversity of opportunities for public recreation and access
to and along the river, including visual and cultural access, access to the water's edge,
opportunities for small boat navigation and access, and connections to other
neighborhoods, consistent with the shoreline character.
Policies:
Policy 5.6.1: Retain and improve areas identified as important in the network
of public access to the river, including cross -town connections, former
railroad right -of -ways and unimproved street -end right -of -ways, historic sites,
unique natural features or other areas valuable for their interpretive potential.
New Policy 5.6.2: Maintain existing parks along the shoreline and acquire
additional park land to increase access and recreation opportunities.
Policy 5.6.3: Incorporate river access requirements to guide the design,
location and management of shoreline public access in short plats over 4 lots
and all subdivisions as well as multi family, commercial and industrial
development; to identify types of access appropriate and feasible for various
site conditions and locations; and to establish strategies, funding sources and
priorities for acquisition and enhancement of shoreline public access.
Implementation Strategies for Policies 5.6.1 5.6.3:
o Shoreline design guidelines
o Shoreline access guidelines
o Shoreline development standards
o Walk and Roll Plan
o Parks and Open Space Plan
Policy 5.6.4: Design, locate and manage public access for diverse types and
variable levels of intensity in order to minimize impacts on vulnerable
features of the natural environment and to minimize conflicts with private
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property uses.
Policy 5.6.5: Where shoreline development provides public access areas,
reserve such areas for use by the public through the means most appropriate
for the type, scale and impacts of the development, such as dedication,
donation or sale of an easement or right -of -way to the City.
Policy 5.6.6: Support the implementation of the King County Green River
Trail, per the existing King County Green River Trail Master Plan as well as
pedestrian/bicycle connections with the Trail from properties on the opposite
bank and the expansion of this trail where appropriate.
Policies for Development outside MIC:
Policy 5.6.7: Require subdivisions, multi family residential uses and
commercial and industrial uses along the shoreline to provide a trail for public
access along the river in areas identified for trail connections, consistent with
the King County Green River Trail Master Plan, Shoreline Master Program or
any other approved access plan.
Implementation Strategies for Policy 5.6.7
o King County Green River Trail Master Plan
o Shoreline public access standards
o Walk and Roll Plan
o Parks and Open Space Plan
Policy 5.6.8: Where shoreline public access is provided, ensure that it is
designed to be safe and convenient and includes access amenities such as
benches, drinking fountains, public parking areas, handicapped access, and
appropriate lighting, consistent with the shoreline access guidelines.
Implementation Strategies for Policy 5.6.8
o King County Green River Trail Master Plan
o Shoreline public access standards
o Walk and Roll Plan
o Parks and Open Space Plan
Policy 5.6.9: Except for single family residential development of four or
fewer single family residential lots, shoreline development shall maintain and
encourage views of the water from the shoreline and from upland area,
through design of building height, bulk and modulation, and windows,
breezeways and outdoor spaces.
Implementation Strategies
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o Shoreline design guidelines
New Policy 5.6.10: Public access improvements should be designed and
constructed to:
o Look and "feel" welcoming to the public;
o Connect to public areas, street ends, and other pedestrian or public
throughfares;
o Enhance the character of Tukwila;
o Avoid conflicts with water dependent uses;
o Provide for public safety and minimize impacts to private property
and individual privacy and security;
o Require a low level of operation and maintenance;
o Ensure that construction (i.e. structures and access pathways)
incorporates environmentally sensitive design and materials (e.g.,
non- toxic, natural materials)
Policy 5.6.11: Improve pedestrian connections between the river, Green River
Trail and the Urban Center's commercial, office and residential uses.
Policies for Development in MIC
Policy 5.6.12: For MIC properties included in the King County Green River
Trail Master Plan or other approved access plan, require shoreline
development to provide a trail for public access along the river.
Policy 5.6.13: Where shoreline public access is provided, ensure that it is
designed to be safe and convenient and includes access amenities such as
benches, drinking fountains, public parking areas, handicapped access and
appropriate lighting, consistent with the shoreline access guidelines.
Policy 5.6.14: For MIC properties not included in the King County Green
River Trail Plan, require shoreline development to provide public access or a
private natural area in lieu of public access, or otherwise mitigate the loss of
public access.
Implementation Strategies for Policies 5.6.12 -14
o Shoreline design guidelines
o Shoreline access guidelines
o Walk and Roll Plan
o Parks and Open Space
6.7 Transportation within the Shoreline Jurisdiction, Comprehensive Plan
Goal 5.7
Goal: Safe corridors and amenities for pedestrians, cyclists and users of public
transportation, allowing more citizens to access and enjoy the river.
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Policies:
Policy 5.7.1: Design and locate transportation uses within the shoreline
jurisdiction to be compatible with shoreline vegetation or other habitat
features, turn -outs or parking areas for public access, biofiltration swales to
protect water quality, public art or interpretive signs.
Policy 5.7.2: Ensure the transportation uses within the shoreline jurisdiction
and within those corridors identified as river cross connections provide safe,
convenient and attractive pedestrian, bicycle and boater access and facilities
for public transportation.
Policy 5.7.3: Minimize transportation impacts to the natural environment
(such as air, noise, odor or water pollution) and enhance the natural
environment wherever possible through planting trees and other habitat
features.
Policy 5.7.4: Encourage maintenance of the river's navigability up to the
Turning Basin, where this achieves a greater public interest and a balance
between costs and benefits to the broader community and impacts to the
habitat functions of the river, in recognition of the historical significance of
navigation and its importance to the economic vitality of water dependent
uses and the MIC
6.8 Historical Resource Use and Archaeological Protection. Comprehensive
Plan Goal 5.8
Goal: Recognition of the river's contribution to Tukwila history and community identity
through identification, enhancement, restoration, and protection of sites with historic and
cultural value and through development of interpretive and educational programs.
Policies
Policy 5.8.1: Ensure that shoreline development reflects the river's important
role in Tukwila's history and that long -term public use of the river as an
historical resource is protected by providing for the identification, protection
and interpretation of unique historic and archaeological features.
Policy 5.8.2: Ensure that public shoreline development reflects the river's
natural features and community traditions.
New Policy 5.8.3: Ensure that archaeological artifacts and sites are protected
when development takes place in the shoreline jurisdiction.
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6.9 Natural Environment and Habitat Use, Comprehensive Plan Goal 5.9
Goal: Restored, enhanced, and protected natural environment resources along the river,
including trees, wildlife habitat and features with value for long -term public, scientific
and educational uses.
Policies
Policy 5.9.1:Ensure that shoreline development results in no net loss of
shoreline ecological function, minimizes impacts on wildlife and that
significant vegetation, sandbars, wetlands, watercourses, and other critical
areas identified as important for habitat are maintained through the proper
location, design, construction, and management of all shoreline uses and
activities.
Policy 5.9.2: Ensure that shoreline development and activities protect
riverbank vegetation and, where feasible, restore degraded riverbanks in
accordance with the vegetation management provisions of the Shoreline
Master Program, in order to minimize and compensate for impacts to fish and
wildlife habitat.
Policy 5.9.3: Mitigate unavoidable disturbances of significant vegetation or
habitat through replacement of habitat and provision of interpretive features
consistent with the shoreline access guidelines.
New Policy 5.9.4: Support relief from certain shoreline master program
requirements for properties affected by habitat restoration projects that result
in the movement of the ordinary high water mark.
New Policy 5.9.5: Support establishing the Transition Zone as the priority
area for habitat restoration projects given its importance for subtidal and
intertidal habitats to allow salmonids to gradually adjust to the change
between fresh and saltwater conditions.
6.10 Water Oualitv, Surface Water and Flood Control Use Comprehensive
Plan Goal 5.10
Goal: Improved water quality and quantity control programs affecting the
Green/Duwamish River that improve the river's water quality, provide habitat for fish and
wildlife, protect public health and safety, and enhance public enjoyment of the river.
Policies:
Policy 5.10.1: Design, locate, and manage shoreline development including
streets, flood control projects, surface water drainage and sewer systems,
clearing and grading activities, and landscaping in a manner which minimizes
opportunities for pollutants to enter the river, provides erosion control and
otherwise protects water quality.
Policy 5.10.2: Design, manage, and mitigate flood control uses to minimize
impacts to other shoreline uses such as trees and riverbank vegetation, public
access and recreation, and fish habitat; and set them back from the river,
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Policies:
where feasible for the project, with land areas between the water and the levee
set aside as open space for public recreation or wildlife habitat.
Policy 5.10.3: Consistent with project feasibility, mitigate unavoidable
negative impacts on other shoreline uses owing to flood control uses through
such measures as restoration of trees and native riverbank vegetation,
provision of public access to the water's edge, interpretive features, or other
mitigation of loss of opportunities for shoreline multiple uses.
New Policy 5.10.4: Obtain additional easements, where needed, from property
owners to set back levees to improve flood control and shoreline habitat
functions. Where possible, aAs redevelopment occurs, replace bulkheads,
revetments or other hard bank stabilization with more natural levees.
riverbanks or other shoreline treatments. to improve flood control. ecological
functions and habitat where possible.
C. Implementation Strategies
Increase levee setback to incorporate flatter. more stable slope and vegetated
mid -slope benches
Shoreline access guidelines
Surface Water Management Plan
WRIA 9 Plan water quality policies
Shoreline Restoration Plan
6.11 Public Health. Safety and Welfare, Comprehensive Plan Goal 5.11
Goal: Shoreline uses that do not endanger public health, safety and welfare, or the
capacity of the river to provide long -term benefits and resources to the community.
Policy 5.11.1: Design, locate, and manage shoreline uses, such as capital
improvement projects and private development, in a manner that does not
endanger public health, safety and welfare, and enhances the capacity of the
river to provide long -term flood protection. habitat and other benefits and
resources to the community and the environment.
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purposes and criteria established therein.
1. Permitted Uses: No uses or structures are permitted in the Shoreline
Residential Buffer except for the following:
a. Shoreline Restoration Projects;
b. Over -water structures subject to the standards in the Over -water
Structures section associated with water dependent uses, public access,
recreation, flood control or channel management. Private, single
residence piers for the sole use of the property owner shall not be
considered an outright use on the shoreline. A dock may be allowed
when the applicant has demonstrated a need for moorage and that the
following alternatives have been investigated and are not available or
feasible:
1). commercial or marina moorage;
2). floating moorage buoys;
3). joint use moorage pier /dock.
c. Public parks, recreation and open space;
d. Public pedestrian bridges
e. Public and/or private promenades, footpaths or trails;
f. Recreation structures such as benches, tables, viewpoints, and picnic
shelters, provided no such structure shall exceed 15 feet in height or 25
square feet in area or block views to the shoreline from adjacent
properties;
g. Signs conforming to the Sign Code;
h. Maintenance or redevelopment of levees for flood control purposes,
provided_
wherever—feasible they are designed to meet the minimum levee
profile;
i. Vehicle bridges, only if connecting public rights -of -way;
j. Utility towers and utilities except the provision, distribution,
collection, transmission or disposal of refuse;
k. Fire lanes when co- located with levee maintenance roads;
1. New shoreline stabilization utilizing the development standards in the
Shoreline Stabilization section of this SMP.
m. Water dependent uses and their structures, as long as there is no net
loss of shoreline ecological function;
n. Fences, provided the maximum height of a fence along the shoreline is
four feet and the fence does not extend waterward beyond the top of
the bank; chain link fences must by vinyl coated.
o. Existing essential streets, roads and rights of way may be maintained
or improved;
p. Outdoor storage, only in conjunction with a water dependent use.
q. Support facilities for above or below ground utilities or pollution
control, such as runoff ponds, filter systems, detention ponds and
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outfall facilities, provided they are located at or below grade and as far
from the OHWM as technically feasible;
r. Essential public facilities, both above and below ground; and
s. Landfill as part of an approved remediation plan for the purpose of
capping contaminated sediments.
t. Patios, or decks not exceeding 18- inches in height, limited to a
maximum 200 square feet and 50% of the width of the river frontage.
Decks or patios must be located landward of the top of the bank and be
constructed to be pervious and of environmentally friendly materials.
2. Conditional Uses: Only the following may be allowed as a Conditional
Use in the Shoreline Residential buffer subject to the requirements,
procedures and conditions established by this program:
a. Dredging activities when in compliance with all federal and state
regulations, when necessary for navigation or remediation of
contaminated sediments.
b. Dredging for navigational purposes is permitted where necessary for
assuring safe and efficient accommodation of existing navigational
uses and then only when significant ecological impacts are minimized
and when mitigation is provided. Maintenance dredging of established
navigation channels and basins is restricted to maintaining previously
dredged and/or existing authorized location, depth and width.
Dredging of bottom materials for the purpose of obtaining fill material is
prohibited.
c. New private vehicle bridges.
B. Shoreline Residential Environment Uses
The Shoreline Residential Environment shall consist of the remaining area within the 200
foot shoreline jurisdiction that is not within the Shoreline Residential River Buffer. Uses
shall meet the purposes and criteria of the Shoreline Residential Development Zone as
established in the Shoreline Environment Designation section.
1. Permitted Uses: The Shoreline Residential Environment shall contain
residential, recreational and limited commercial uses and accessory uses as
allowed in the underlying zoning district. In addition, the Shoreline
Residential Environment shall allow the following uses:
a. All uses permitted in the Shoreline Residential River Buffer;
b. For non residential uses, parking/loading and storage facilities located
to the most upland portion of the property and adequately screened
and /or landscaped in accordance with the Vegetation Protection and
Landscaping section;
c. Railroad tracks; and
d. Public or private roads.
2. Conditional uses: All uses listed as conditional uses in the Shoreline Use
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Table subject to the requirements, procedures and conditions established by
this program,
8.3 Urban Conservancy Environment Uses
The Urban Conservancy Environment shall consist of the areas identified in the Shoreline
Environment Designations sections of this SMP. Uses shall meet the purposes and
criteria of the Urban Conservancy Environment established therein.
A. Urban Conservancy Environment Buffer Uses
1. Permitted uses: The following uses are permitted in the Urban Conservancy
River Buffer:
a. Shoreline Restoration Projects.
b. Over -water structures subject to the standards established in the Over
water Structures Section that are associated with water dependent
uses, public access, recreation, flood control, channel management or
ecological restoration;
c. Public parks, recreation and open space
d. Public and /or private promenades, footpaths or trails;
e. Public pedestrian bridges;
f. Recreation structures such as benches, tables, viewpoints, and picnic
shelters, provided no such structure shall exceed 15 feet in height and
25 square feet in area and views of the shoreline are not blocked from
adj acent properties;
g. Signs conforming to the Sign Code;
h. Maintenance or redevelopment of levees for flood control purposes,
provided that any redevelopment of a levee shall incorporate a-mid-
gctated bench meet the minimum levee profile wherever
feasible;
i. New vehicle bridges: permitted only if connecting public rights -of-
way; existing public or private vehicle bridges may be maintained or
replaced.
j. Utility towers and utilities except the provision, distribution,
collection, transmission or disposal of refuse;
k. Levee maintenance roads;
1. Plaza connectors between buildings and levees, not exceeding the
height of the levee, are permitted for the purpose of providing and
enhancing pedestrian access along the river and for landscaping
purposes.
m. New shoreline stabilization utilizing the development standards in the
Shoreline Stabilization Section.
n. Existing essential streets, roads and rights of way may be maintained
or improved.
o. Water dependent commercial and industrial development, if permitted
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by the underlying zoning district;
p. Regional detention facilities that meet the City's Infrastructure Design
and Construction Standards along with their supporting elements such
as ponds, piping, filter systems and outfalls.
q. Support facilities for above or below ground utilities or pollution control,
such as runoff ponds, filter systems, detention ponds and outfall
facilities, provided they are located at or below grade and as far from the
OHWM as technically feasible;
r. Outdoor storage, only in conjunction with a water dependent use.
s. Essential public facilities, both above and below ground.
t. Landfill as part of an approved remediation plan for the purpose of
capping contaminated sediments.
2. Conditional Uses: Only the following may be allowed as a Conditional Use in
the Shoreline Urban Conservancy Environment buffer subject to the
requirements, procedures and conditions established by this program:
a. Dredging activities where necessary for assuring safe and efficient
accommodation of existing navigational uses and then only when
significant ecological impacts are minimized and when mitigation is
provided;
b. Dredging for remediation of contaminated sediments when mitigation
is provided. Dredging of bottom materials for the purpose of obtaining
fill material is prohibited. Dredging activities must comply with all
federal and state regulations.
c. New private vehicle bridges.
B. Urban Conservancy Environment Uses
1. Permitted Uses: All uses permitted in the Urban Conservancy Environment
Buffer and /or the underlying zoning district may be allowed.
2. Conditional Uses: All uses listed as Conditional Uses in the underlying zone
Shoreline Use Table may be allowed subject to the requirements, procedures
and conditions of this program.
8.4 Hish Intensity Environment Uses
The High Intensity Environment Buffer shall consist of the area identified in the Shoreline
Environment Designations section. Uses shall meet the purposes and criteria of established
therein.
A. High Intensity Environment Buffer Uses
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1. Permitted uses: The following uses are permitted in the High Intensity River
Buffer:
a. Shoreline Restoration Projects.
b. Over -water structures subject to the standards established in the Over
water Structures Section that are associated with water dependent
uses, public access, recreation, flood control, channel management or
ecological restoration;
c. Public parks, recreation and open space;
d. Public and/or private promenades, footpaths or trails;
e. Public pedestrian bridges;
f. Recreation structures such as benches, tables, viewpoints, and picnic
shelters, provided no such structure shall exceed 15 feet in height and
25 square feet in area and no views of the shoreline are blocked from
adjacent properties;
g. Signs conforming to the Sign Code;
h. Maintenance or redevelopment of levees for flood control purposes,
provided that any redevelopment of a levee shall meet the minimum
levee profile berate a vegetated bench wherever feasible;
i. New vehicle bridges: permitted only if connecting public rights -of-
way; existing public or private vehicle bridges may be maintained or
replaced.
j. Utility towers and utilities except the provision, distribution,
collection, transmission or disposal of refuse;
k. Levee maintenance roads;
1. Plaza connectors between buildings and levees, not exceeding the
height of the levee, are permitted for the purpose of providing and
enhancing pedestrian access along the river and for landscaping
purposes.
m. New shoreline stabilization utilizing the development standards in the
Shoreline Stabilization section of this SMP.
n. Existing essential streets, roads and rights of way may be maintained
or improved.
o. Water dependent commercial and industrial development, if permitted
by the underlying zoning district;
p. Regional detention facilities that meet the City's Infrastructure Design
and Construction Standards along with their supporting elements such
as ponds, piping, filter systems and outfalls.
q. Support facilities for above or below ground utilities or pollution control,
such as runoff ponds, filter systems, detention ponds and outfall
facilities, provided they are located at or below grade and as far from the
OHWM as technically feasible;
r. Outdoor storage, only in conjunction with a water dependent use.
s. Essential public facilities, both above and below ground.
t. Landfill as part of an approved remediation plan for the purpose of
capping contaminated sediments.
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2. Conditional Uses: Only the following may be allowed as a Conditional Use in
the Shoreline High Intensity Environment buffer subject to the requirements,
procedures and conditions of this program.
a. Dredging activities where necessary for assuring safe and efficient
accommodation of existing navigational uses and then only when
significant ecological impacts are minimized and when mitigation is
provided;
b. Dredging for remediation of contaminated sediments when mitigation
is provided. Dredging of bottom materials for the purpose of obtaining
fill material is prohibited. Dredging activities must comply with all
federal and state regulations.
c. New private vehicle bridges.
B. Shoreline High Intensity Environment Uses
The Shoreline High Intensity Environment shall consist of the remaining area within the 200
foot shoreline jurisdiction that is not within the Shoreline High Intensity Environment
Buffer area. Uses shall meet the purposes and criteria of the Shoreline Environment
Designations section.
1. Permitted Uses: All uses permitted in the High Intensity Environment Buffer
and/or the underlying zoning district may be allowed.
2. Conditional Uses: All uses listed as Conditional Uses in the Shoreline Use
Table underlying zone may be allowed subject to the requirements,
procedures and conditions established by this program.
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properties and on the river channel, be directed downward so as to illuminate
only the immediate area; and be shielded to eliminate direct off -site
illumination;
3. The general grounds need not be lighted;
4. The lighting is incorporated into a unified landscape and/or site plan.
9.4 Surface Water and Water Oualitv
The following standards apply to all shoreline development.
A. New surface water systems may not discharge directly into the river or streams
tributary to the river without pre- treatment to reduce pollutants and meet State water
quality standards.
B. Such pre- treatment may consist of biofiltration, oil /water separators, or other methods
approved by the City of Tukwila Public Works Department.
C. Shoreline development, uses and activities shall not cause any increase in surface
runoff, and shall have adequate provisions for storm water detention/infiltration.
D. Stormwater outfalls must be designed so as to cause no net loss of shoreline
ecological functions or adverse impacts where functions are impaired. New stormwater
outfalls or maintenance of existing outfalls must include shoreline restoration as part of
the project.
E. Shoreline development and activities shall have adequate provisions for sanitary
sewer.
F. Solid and liquid wastes and untreated effluents shall not be allowed to enter any
bodies of water or to be discharged onto shorelands.
G. The use of low impact development techniques is required, unless such techniques
conflict with other provisions of the SMP or are shown to not be feasible due to site
conditions.
H. Regional detention facilities shall be designed such that a fence is not required.
planted with native vegetation, designed to blend with the surrounding environment and
provide design features that serve both public and private use. such as an access road that
also can serve as a trail. The facility shall also be designed to locate access roads and
other impervious surfaces as far from the river as practical.
9.5 Flood Hazard Reduction
The following standards apply to all shoreline development.
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E. Shoreline Variance Permits Waterward of OHWM
1. Shoreline Variance permits for development and/or uses that will be located
either waterward of the ordinary high water mark or within any sensitive area
may be authorized only if the applicant can demonstrate all of the following:
A. Non conforming Uses
a. That the strict application of the bulk, dimensional or performance
standards set forth in this Master Program preclude all reasonable
permitted use of the property; and
b. That the proposal is consistent with the criteria established under D
above; and
c. The public rights of navigation and use of the shorelines will not be
adversely affected by the granting of the variance.
2. In the granting of all variance permits, consideration shall be given to the
cumulative impact of additional requests for like actions in the area such that
the total of the variances would remain consistent with RCW 90.58.020 and
not cause substantial adverse effects to the shoreline environment.
3. Variances from the use regulations of the master program are prohibited.
14.5 Non conforming Development
Any preexisting lawful use of land that would not be allowed under the terms of this SMP
may be continued as an allowed, legal non conforming use, so long as that use remains
lawful, subject to the following:
1. No such non conforming use shall be enlarged, intensified, increased or
extended to occupy a greater use of the land, structure or combination of the
two, than was occupied at the effective date of adoption of this SMP;
2. No non conforming use shall be moved or extended in whole or in part to any
other portion of the lot or parcel occupied by such use at the effective date of
adoption or amendment of this SMP;
3. If any such non conforming use ceases for any reason for a period of more
than 24 consecutive months, any subsequent use shall conform to the
regulations specified by this SMP for the shoreline environment in which such
use is located. Upon request of the owner, prior to the end of the 24
consecutive months and upon reasonable cause shown, the City Council may
grant an extension of time beyond the 24 consecutive months, per 14.5 C.
4. If a change of use is proposed to a use determined to be non conforming by
application of provisions in this SMP, the proposed new use must be a
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permitted use in the SMP or a use approved under a Conditional Use Permit
process. For purposes of implementing this section, a change of use
constitutes a change from one Permitted, Conditional Use category to another
such use category as listed within the zoning code.
5. A structure that is being or has been used for a nonconforming use may be used for a
different nonconforming use after demonstrating the following criteria have been met:
a. No reasonable alternative conforming use is practical;
b. The proposed use will be at least as consistent with the policies and provisions of
the SMP and as compatible with the uses in the area as the preexisting use;
c. The use or activity is enlarged, intensified, increased or altered only to the
minimum amount necessary to achieve the intended functional purpose;
d. The structure(s) associated with the non conforming use shall not be expanded in
a manner that increases the extent of the nonconformity;
e. The change in use will not create adverse impacts to shoreline ecological
functions and/or processes;
f. The applicant restores and or /enhances the entire shoreline buffer, including but
not limited to paved areas no longer in use on the property, to offset the impact of
the change of use per the vegetation management standards of this program. This
may include the restoration of paved areas to vegetated area if no longer in use;
and
g. se compli= with the conditional use permit criteria of this Program.
The preference is to reduce exterior uses in the buffer to the maximum extent possible.
B. Non conforming Structures
Where a lawful structure exists at the effective date of adoption of the SMP that could not
be built under the terms of the SMP by reason of restrictions on height, buffers or other
characteristics of the structure, it may be continued as an allowed, legal structure so long
as the structure remains otherwise lawful subject to the following provisions:
1. No such structure may be enlarged or altered in such a way that increases its
degree of nonconformity or increases its impacts to the functions and values
of the shoreline environment. Ordinary maintenance and repair of and
upgrades to a non conforming structure is permitted, including but not limited
to painting, roof repair and replacement, plumbing, wiring, mechanical
equipment repair /replacement, repaving and weatherization. These and other
alterations, additions or enlargements may be allowed as long as the work
done does not extend further into any required buffer, increase the amount of
impervious surface, or increase the impacts to the functions and values of the
shoreline environment. Complete plans shall be required of all work
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contemplated under this section.
2. Should such structure be destroyed by any accidental means the structure may
be reconstructed to its original dimensions and location on the lot provided
application is made for permits within twelve (12) months of the date the
damage occurred and all reconstruction is completed within two years of
permit issuance. In the event that the property is redeveloped, such
redevelopment must be in conformity with the provisions of this SMP.
3. Should such structure be moved for any reason or any distance whatsoever, it
shall thereafter conform to the regulations of this SMP after it is moved.
4. When a non conforming structure, or structure and premises in combination,
is vacated or abandoned for 24 consecutive months, the structure, or structure
and premises in combination, shall thereafter be required to be in conformance
with the regulations of the SMP. Upon request of the owner, prior to the end
of the 24 consecutive months, and upon reasonable cause shown, the City
Council may grant an extension of time beyond the 24 consecutive months per
14.5 C.
5. Residential structures and uses located in any single family or multiple family
residential zoning district and in existence at the time of adoption of this SMP
shall not be deemed nonconforming in terms of height, use, or location
provisions of this title. Such buildings may be rebuilt after a fire or other
natural disaster to their original dimensions, location and height, but may not
be changed except as provided in the non conforming uses section of this
chapter.
6. Single family structures in single- or multiple family residential zone districts,
which have legally non conforming setbacks from the OHWM per the SMP
buffer, shall be allowed to expand the ground floor only along the existing
building line(s), so long as the existing distance from the nearest point of the
structure to the OHWM is not reduced, and the square footage of new
intrusion into the buffer does not exceed 50% of the square footage of the
current intrusion. As a condition of buildine Hermit approval a landscape plan
showing removal of invasive plant species within the entire shoreline buffer
and replanting with appropriate native species must be submitted to the City.
Maintenance of these plantings through the establishment period is rcouircd
recommended.
7. Within the shoreline jurisdiction, existing structures that do not meet the
requirements of the SMP may be remodeled, altered. reconstructed or
replaced, provided that:
a. The new construction is within the original dimensions and location on
the lot;
b. The new construction does not further intrude into or adversely impact
the required buffer;
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c. The use or activity is enlarged, intensified, increased or altered only to
the minimum amount necessary to achieve the intended functional
purpose;
d. The reconstruction will not create adverse impacts to shoreline
ecological functions and /or processes;
e. For properties in non leveed portions of the river, the applicant re-
slopes the bank to a 2.5:1 or 3:1 angle as appropriate for the shoreline
environment designation and restores and /or enhances the entire shoreline
buffer, including but not limited to paved areas no longer in use on the
property. Where an existina building would prevent the re- sloping of the
bank to 2.5:1 or 3:1 as applicable. the applicant must re -slope to the extent
possible. remove invasive vegetation and re- vegetate according to the
provisions in section 9.10. For properties behind levees that do not meet
the minimum profile, restore and/or enhance the remaining buffer area and
remove invasive vegetation and plant with native vegetation on the levee
prism as permitted by the COE; and
f. The nropertv owner applies f:
Permit decision with public notice Shoreline Conditional Use Permit:
For the purposes of this section. alteration is defined as work that exceeds 50% of
the assessed valuation of the building over a three year period.
8. A non conforming —use, within a non conforming structure, shall not be
allowed to expand into any other portion of the structure.
C. Requests for Time Extension Nonconforming Uses and Structures
A property owner may request, prior to the end of the 24 consecutive months, an
extension of time beyond the 24 consecutive months. Such a request shall be
may be approved only when:
For a nonconforming use, a finding is made that no reasonable alternative
conforming use is practical;
2. For a nonconforming structure, special economic circumstances prevent
the lease or sale of said structure within 24 months; and
3. The applicant restores and/or enhances the shoreline buffer on the property
to offset the impact of the continuation of the pre- existing use. For
nonconforming uses, the amount of buffer to be restored and/or enhanced
will be determined based on the percentage of the existing building used
by the nonconforming use for which a time extension is being requested.
Depending on the size of the area to be restored and/or enhanced, the
Director may require targeted plantings rather than a linear planting
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arrangement. The vegetation management standards of this Program shall
be used for guidance on any restoration/enhancement. For nonconforming
structures, for each six month extension of time requested, 15% of the
available buffer must be restored/enhanced.
Conditions may be attached to the permit that are deemed necessary to assure
compliance with the above findings, the requirements of the master program and
the Shoreline Management Act and to assure that the use will not become a
nuisance or a hazard.
D. Building Safety
Nothing in this SMP shall be deemed to prevent the strengthening or restoring to a safe
condition of any non conforming building or part thereof declared to be unsafe by
order of any City official charged with protecting the public safety.
1. Alterations or expansion of a non conforming use structure. that are required
by law or a public agency in order to comply with public health or safety
regulations are the only alterations or expansions allowed.
2. Alterations or expansions permitted under this section shall be the minimum
necessary to meet the public safety concerns.
E. Non conforming Parking Lots
1. Nothing contained in this SMP shall be construed to require a change in any
aspect of a structure or facility covered thereunder including, without
limitation, parking lot layout, loading space requirements and curb -cuts, for
any structure or facility which existed on the date of adoption of this SMP.
2. If a change of use takes place, or an addition is proposed, which requires an
increase in the parking area by an increment less than 100 the requirements
of the SMP shall be complied with for the additional parking area.
3. If a change of use takes place, or an addition is proposed, which requires an
increase in the parking area by an increment greater than 100 the
requirements of the SMP shall be complied with for the entire parking area.
F. Non conforming Landscape Areas
1. Adoption of the vegetation protection and landscaping regulations contained
in this SMP shall not be construed to require a change in the landscape
improvements for any legal landscape area which existed on the date of
adoption of this SMP, unless and until the property is redeveloped or
alteration of the existing structure beyond the thresholds provided herein.
2. At such time as the property is redeveloped or the existing structure is altered
beyond the thresholds provided herein and the associated premises does not
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comply with the vegetation protection and landscaping requirements of this
SMP, a landscape plan which conforms to the requirements of this SMP shall
be submitted to the Director for approval.
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DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, UPDATING THE SHORELINE ELEMENT OF THE CITY'S
COMPREHENSIVE LAND USE PLAN TO INCORPORATE POLICIES THAT
REFLECT NEW STATE REQUIREMENTS FOR AREAS SUBJECT TO SHORELINE
JURISDICTION; 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/Duwarnish 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 and publicly -owned shorelines of the State is not in the best public
interest; and
WHEREAS, in RCW 90.58.020, the Legislature directed local governments developing
Shoreline Master Programs for shorelines of State -wide significance to give preference to the
following uses, in order of preference, which: 1) recognize and protect the State -wide interest
over local interest; 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 the shorelines; 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
WHEREAS, the City of Tukwila s Shoreline Master Program is implemented by regulations
codified at TMC Chapter 18.44, which are in turn guided by the Tukwila Comprehensive Plan's
Shoreline Goals and Policies; and
WHEREAS, the Tukwila Comprehensive Plan's Shoreline Goals and Policies were adopted
in Ordinance No. 1757, specifically, Goals and Policies 5.1 -5.10; and
WHEREAS, in order to amend the Tukwila Shoreline Master Program, it is necessary to
update the Comprehensive Plan Shoreline Goals and Policies, which have not been updated
since 1995, to reflect the updated WAC 173 -26 regulations for shoreline master programs; and
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
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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, revised the staff's draft Shoreline Master Program, and in February
2009 recommended the City Council adopt the Planning Commission's revised Shoreline
Master Program; 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, 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 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, one of the purposes of the Comprehensive Plan is to protect the natural
environment, including shoreline areas, because they are an essential contributor to the overall
welfare of the City's residents and businesses; and
WHEREAS, the revisions to the Comprehensive Plan Policies for the shoreline address
changes in shoreline character and the need to further protect the shoreline resources for public
safety, flood control and habitat improvement; 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. Goals and Policies 5.1 -5.11 of the Shoreline Element of the City of Tukwila s
Comprehensive Land Use Plan, are hereby amended to read as shown in "Attachment A" to
this ordinance.
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, 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
Attachment: "Attachment A" City of Tukwila Comprehensive Plan Policies
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Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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5.1 Shoreline Environment Desienations
ATTACHMENT A
Ordinance No.
Goal: Shoreline Environment designations that meet Washington State Shoreline Management
Act requirements, and reflect local conditions and Tukwila s long -term vision for its shoreline.
The shoreline jurisdiction generally extends for 200 feet on either side of the Ordinary High
Water mark, consistent with the Washington State Shoreline Management Act. In order to
implement this goal, the SMP proposes three Environment Designations: Shoreline Residential,
Urban Conservancy, and High Intensity (as detailed in the Shoreline Environment Section) that
comply with the Washington State Shoreline Management Act and function well for the City.
Policies:
Policy 5.1.1 Shoreline Residential Environment. In the Shoreline Residential
Environment, priority shall be given to the following:
Uses that preserve or restore the natural character of the shoreline or promote
preservation of vegetation, open space, flood plain or sensitive area lands; and
Development that is compatible with the natural and biological limitations of the land
and water and that will not require extensive alteration of the shoreline or new "hard"
structural shoreline stabilization. Where possible the removal of bulkheads, revetments,
levees or other "hard" structural shoreline stabilization is required. Hard structural
shoreline stabilization may be replaced with alternative bioengineered bank
stabilization; and
On publicly -owned property, water dependent or water related recreational activities
that are compatible with the character of the shoreline residential areas.
Maintenance of existing single family residential development patterns and public open
space and recreation uses;
Residential and recreational development that promotes vegetation conservation and
enhancement, sensitive areas protection, and maintenance of water quality to assure no
net loss of shoreline ecological functions;
Residential and recreational development that contributes to the restoration of
ecological functions over time in areas where ecological degradation has occurred.
Policy 5.1.2 Urban Conservancy Environment In the Urban Conservancy Environment
priority shall be given to the following:
Development that promotes vegetation conservation and enhancement, sensitive areas
protection, and preservation of water quality to assure no net loss of shoreline ecological
functions;
Water enjoyment uses;
Uses that remove shoreline armoring, unless required for a shoreline dependent use,
and uses that prevent and /or minimize flood dama re;
Uses that preserve or restore shoreline ecological functions provided by vegetation,
open space, flood plain or sensitive area lands;
Uses that minimize interference with navigation and flood control, consider impacts to
public views, and allow for the safe, unobstructed passage of fish and wildlife,
particularly those species dependent on migration;
Uses that provide public access and public recreation whenever feasible and when
ecological impacts can be mitigated;
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Development that is compatible with the natural and biological limitations of the land
and water that do not require extensive alteration of the shoreline or new shoreline
stabilization, except for restoration projects.
Uses that provide public access and public recreation whenever feasible and ecological
impacts can be mitigated;
Enhancement and restoration of ecological functions; and
Redevelopment of underutilized areas and development of commercial and industrial
activities where shoreline impacts are minimized and where there is no net loss of
shoreline functions.
Policy 5.1.3 High Intensity Shoreline Environment: In the High Intensity Environment,
priority shall be given to the following:
Water dependent commercial and industrial uses;
Development that promotes vegetation conservation and enhancement, sensitive areas
protection, and preservation of water quality to assure no net loss of shoreline ecological
functions.
Uses that remove shoreline armoring, unless required for a shoreline dependent use,
and uses that prevent and /or minimize flood damage;
Uses that preserve or restore shoreline ecological functions provided by vegetation,
open space, flood plain or sensitive area lands;
Uses that minimize interference with navigation and flood control, consider impacts to
public views, and allow for the safe, unobstructed passage of fish and wildlife,
particularly those species dependent on migration;
Uses that provide public access and public recreation whenever feasible and when
ecological impacts can be mitigated;
Development that is compatible with the natural and biological limitations of the land
and water that do not require extensive alteration of the shoreline or new shoreline
stabilization, except for restoration projects.
Uses that provide public access and public recreation whenever feasible and ecological
impacts can be mitigated;
Enhancement and restoration of ecological functions; and
Redevelopment of underutilized areas and development of intensive commercial and
industrial activities where shoreline impacts are minimized and where there is no net
loss of shoreline functions.
5.2 Shoreline Planning and Management
Goal: Expanded value of the river as a community and regional resource through regional
coordination of shoreline management programs and through programs that foster river
appreciation and awareness, involving partnerships among businesses, schools, government
and community organizations.
Policies:
Policy 5.2.1 Coordinate shoreline planning and management activities with other local
jurisdictions and their plans such as the WRIA 9 Salmon Habitat Plan and the King County
Flood Hazard Management Plan to establish region -wide consistency in addressing river
issues with regional implications, such as economic development, public access, wildlife
habitat, water quality control and flood control.
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Policy 5.2.2 Promote river stewardship and increase river awareness through actions
which further shoreline goals, such as educational programs, community activities, and
partnerships with Tukwila residents, businesses, schools, government, and community
organizations.
Policy 5.2.3 Promote and participate in the implementation of the Watershed Resource
Inventory Area (WRIA) 9 Plan, including supporting the recommended projects located in
Tukwila to improve the habitat functions of the Green/ Duwamish River, as well as the Plan
policies and goals.
Implementation Strategies:
WRIA 9 Salmon Habitat Plan
Tukwila SMP Restoration Plan
King County Flood Hazard Management Plan
5.3 Land Development Use and Economic Vitality
Goal: Development along the shoreline that fosters the economic vitality of Tukwila while
preserving the long -term benefits of the river.
Policies:
Policy 5.3.1 Implement Shoreline Design Guidelines to:
Encourage design that views the river as an amenity;
Guide the design of multiple shoreline uses;
Establish techniques for increasing multiple shoreline use;
Prioritize locations for use;
Encourage removal of invasive species with nonchemical methods and maintenance of
native planted vegetation to minimize the presence of invasive species.
Policy 5.3.2 Design and locate all shoreline development to minimize impacts on areas
identified as important for other river uses, such as wildlife and aquatic habitat, river
vegetation, public access and recreation, historical resource and flood control.
Policy 5.3.3 When no other feasible alternative exists, allow structures to be placed in the
water, or structural reinforcement of the riverbank, only when this provides a significant,
long -term public benefit, does not interfere with navigation or flood management, does not
cause a loss of shoreline function or is essential to a water dependent use.
Policy 5.3.4 Prohibit the construction of new flood control facilities unless constructed to
incorporate habitat restoration features and work to remove existing shoreline armoring
where possible- to restore habitat functions.
Policy 5.3.5 Recognize and promote the river's contribution to the economic vitality of
Tukwila, as a valuable amenity for existing and future businesses which depend on or
benefit from a shoreline location.
Policy 5.3.6 Ensure that shoreline development does not diminish the commercial
navigability of the River.
Policy 5.3.7 Tukwila Urban Center Development Policy: Design and locate shoreline
development in the Tukwila Urban Center to encourage water enjoyment uses that:
Provide for shoreline multiple uses that are consistent with the underlying zoning;
Provide additional benefits, such as riverbank restoration, fishing piers, non motorized
boat launches, river views, or interpretive signs;
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Support public access to and along the shoreline;
Provide water- enjoyment uses as transitions between the river and non -water
dependent uses;
Encourage efficient use of land, through such techniques as clustering, mixed use
projects, cooperative parking or parking located under principal structures, and shared
utility and access corridors.
Ensure that new development and re- development in the Urban Center acknowledges
the goal of a continuous street facade along Christensen Road and the riverfront and
locates parking facilities to the interior of the lot.
Implementation Strategies for Policy 5.3.7:
Shoreline Design Guidelines
Development Standards
Tukwila Urban Center Plan
MIC Development Policy 5.3.8 Ensure that non -water dependent shoreline development
in the MIC. provides for shoreline multiple uses to the extent that site security and the
success of industrial operations are not jeopardized; ensures no net loss of shoreline
function and provides adequate mitigation for the loss of shoreline multiple use
opportunities.
MIC Development Policy 5.3.10 Allow opportunities for commercial and recreational
marinas to locate in Tukwila downstream of the turning basin, where compatible with
existing and future navigability and existing and future ecological restoration projects.
Policy 5.3.11 Development outside the Tukwila Urban Center or MIC: Design and locate
shoreline development outside of the Tukwila Urban Center and the MIC to:
Provide for multiple shoreline uses;
Provide water enjoyment uses as transitions between the
dependent uses;
Encourage efficient use of land through such techniques as
projects, cooperative parking or parking located under principal
utility and access corridors;
5.4 Private Property Rights
Policies:
Treat the river as an amenity in the design and location of the project.
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river and non -water
clustering, mixed -use
structures, and shared
Goal: Protect rights of property owners to reasonable use and enjoyment of private property,
through appropriate location, access to, and design of shoreline uses.
Policy 5.4.1 Design, locate and manage shoreline uses in a manner which maintains
reasonable use and enjoyment of private property.
Policy 5.4.2 Design and locate public access in a way that is appropriate for the site,
depending on site conditions and private property concerns.
Policy 5.4.3 Special sensitivity is required for residential property; therefore, all single
family residential development of four or fewer single family residential lots is excluded
from requirements to provide private or public access. Single family property owners are
not exempt from the responsibility to improve the habitat value of the shoreline
environment.
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Policies:
Policy 5.4.4 Maintain flexibility in methods of obtaining public access, to allow for
different site conditions and private property concerns that might conflict with public
access, such as privacy, safety, and security.
Policy 5.4.5 Obtain additional easement area to permit the improvement of flood control
and river habitat by setting back levees or removing revetments and other hard shoreline
armoring and replacing with more habitat friendly flood control levees or other shoreline
treatment.
5.5 Shoreline Design Oualitv
Goal: Enhanced identity of the river as a unique community asset through high quality
development and public activities that reflect Tukwila's history and sense of community pride.
Policies:
Policy 5.5.1 Require that shoreline development outside of the MIC:
Ensures no net loss of shoreline function;
Is designed to be consistent with Tukwila Shoreline Design Guidelines;
Reflects principles of high quality design, in such areas as site planning, architecture
and landscaping;
Includes setbacks, bulk, height, density, landscape buffers and provisions for open
space that enhance the shoreline environment.
Implementation Strategies for Policy 5.5.1:
Shoreline design guidelines
Shoreline development standards
Tukwila Urban Center Plan
Policy 5.5.2 Require that shoreline development in the MIC:
Is designed to be consistent with Tukwila Shoreline Design Guidelines;
Maintains or enhances the existing visual quality along the river;
Provides trees and other landscaping to buffer industrial uses that are incompatible
with other river uses;
Provides amenities that enhance enjoyment of the river by employees.
Implementation Strategies for Policy 5.5.2:
Shoreline design guidelines
Shoreline development standards
5.6 Access and Recreational Use
Goal: Increase the amount and diversity of opportunities for public recreation and access to
and along the river, including visual and cultural access, access to the water's edge,
opportunities for small boat navigation and access, and connections to other neighborhoods,
consistent with the shoreline character.
Policy 5.6.1 Retain and improve areas identified as important in the network of public
access to the river, including cross -town connections, former railroad right -of -ways and
unimproved street -end right -of -ways, historic sites, unique natural features or other areas
valuable for their interpretive potential.
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Policy 5.6.2 Maintain existing parks along the shoreline and acquire additional park land
to increase access and recreation opportunities.
Policy 5.6.3 Incorporate river access requirements to guide the design, location and
management of shoreline public access in short plats over 4 lots and all subdivisions as well
as multi- family, commercial and industrial development; to identify types of access
appropriate and feasible for various site conditions and locations; and to establish
strategies, funding sources and priorities for acquisition and enhancement of shoreline
public access.
Implementation Strategies for Policies 5.6.1 5.6.3:
Shoreline design guidelines
Shoreline access guidelines
Shoreline development standards
Walk and Roll Plan
Parks and Open Space Plan
Policy 5.6.4 Design, locate and manage public access for diverse types and variable levels
of intensity in order to minimize impacts on vulnerable features of the natural environment
and to minimize conflicts with private property uses.
Policy 5.6.5 Where shoreline development provides public access areas, reserve such areas
for use by the public through the means most appropriate for the type, scale and impacts of
the development, such as dedication, donation or sale of an easement or right -of -way to the
City.
Policy 5.6.6 Support the implementation of the King County Green River Trail, per the
existing King County Green River Trail Master Plan as well as pedestrian /bicycle
connections with the Trail from properties on the opposite bank and the expansion of this
trail where appropriate.
Policies for Development outside MIC:
Policy 5.6.7 Require subdivisions, multi- family residential uses and commercial and
industrial uses along the shoreline to provide a trail for public access along the river in
areas identified for trail connections, consistent with the King County Green River Trail
Master Plan, Shoreline Master Program or any other approved access plan.
Implementation Strategies for Policy 5.6.7:
King County Green River Trail Master Plan
Shoreline public access standards
Walk and Roll Plan
Parks and Open Space Plan
Policy 5.6.8 Where shoreline public access is provided, ensure that it is designed to be safe
and convenient and includes access amenities such as benches, drinking fountains, public
parking areas, handicapped access, and appropriate lighting, consistent with the shoreline
access guidelines.
Implementation Strategies for Policy 5.6.8:
King County Green River Trail Master Plan
Shoreline public access standards
Walk and Roll Plan
Parks and Open Space Plan
Policy 5.6.9 Except for single family residential development of four or fewer single
family residential lots, shoreline development shall maintain and encourage views of the
water from the shoreline and from upland area, through design of building height, bulk
and modulation, and windows, breezeways and outdoor spaces.
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Implementation Strategies:
Shoreline design guidelines
Policy 5.6.10 Public access improvements should be designed and constructed to:
Look and "feel" welcoming to the public;
Connect to public areas, street ends, and other pedestrian or public throughfares;
Enhance the character of Tukwila;
Avoid conflicts with water dependent uses;
Provide for public safety and minimize impacts to private property and individual
privacy and security;
Require a low level of operation and maintenance;
Ensure that construction (i.e. structures and access pathways) incorporates
environmentally sensitive design and materials (e.g., non toxic, natural materials)
Policy 5.6.11 Improve pedestrian connections between the river, Green River Trail alb
the planned Riverwalk and the Urban Center's commercial, office and residential uses.
Policies for Development in MIC:
Policy 5.6.12 For MIC properties included in the King County Green River Trail Master
Plan or other approved access plan, require shoreline development to provide a trail for
public access along the river.
Policy 5.6.13 Where shoreline public access is provided, ensure that it is designed to be
safe and convenient and includes access amenities such as benches, drinking fountains,
public parking areas, handicapped access and appropriate lighting, consistent with the
shoreline access guidelines.
Policy 5.6.14 For MIC properties not included in the King County Green River Trail Plan,
require shoreline development to provide public access or a private natural area in lieu of
public access, or otherwise mitigate the loss of public access.
Implementation Strategies for Policies 5.6.12 -14:
Shoreline design guidelines
Shoreline access guidelines
Walk and Roll Plan
Parks and Open Space
5.7 Transportation within the Shoreline Turisdiction
Goal Safe corridors and amenities for pedestrians, cyclists and users of public transportation,
allowing more citizens to access and enjoy the river.
Policies:
Policy 5.7.1 Design and locate transportation uses within the shoreline jurisdiction to be
compatible with shoreline vegetation or other habitat features, turn -outs or parking areas
for public access, bio- filtration swales to protect water quality, public art or interpretive
signs.
Policy 5.7.2 Ensure the transportation uses within the shoreline jurisdiction and within
those corridors identified as river cross connections provide safe, convenient and attractive
pedestrian, bicycle and boater access and facilities for public transportation.
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Policy 5.7.3 Minimize transportation impacts to the natural environment (such as air,
noise, odor or water pollution) and enhance the natural environment wherever possible
through planting trees and other habitat features.
Policy 5.7.4 Encourage maintenance of the river's navigability up to the Turning Basin,
where this achieves a greater public interest and a balance between costs and benefits to the
broader community and impacts to the habitat functions of the river, in recognition of the
historical significance of navigation and its importance to the economic vitality of water
dependent uses and the MIC
5.8 Historical Resource Use and Archaeoloeical Protection
Goal: Recognition of the river's contribution to Tukwila history and community identity
through identification, enhancement, restoration, and protection of sites with historic and
cultural value and through development of interpretive and educational programs.
Policies:
Policy 5.8.1 Ensure that shoreline development reflects the river's important role in
Tukwila's history and that long -term public use of the river as an historical resource is
protected by providing for the identification, protection and interpretation of unique
historic and archaeological features.
Policy 5.8.2 Ensure that public shoreline development reflects the river's natural features
and community traditions.
Policy 5.8.3 Ensure that archaeological artifacts and sites are protected when development
takes place in the shoreline jurisdiction.
5.9 Natural Environment and Habitat Use
Goal: Restored, enhanced, and protected natural environment resources along the river,
including trees, wildlife habitat and features with value for long -term public, scientific and
educational uses.
Policies:
Policy 5.9.1 Ensure that shoreline development results in no net loss of shoreline
ecological function, minimizes impacts on wildlife and that significant vegetation, sandbars,
wetlands, watercourses, and other critical areas identified as important for habitat are
maintained through the proper location, design, construction, and management of all
shoreline uses and activities.
Policy 5.9.2 Ensure that shoreline development and activities protect riverbank vegetation
and, where feasible, restore degraded riverbanks in accordance with the vegetation
management provisions of the Shoreline Master Program, in order to minimize and
compensate for impacts to fish and wildlife habitat.
Policy 5.9.3 Mitigate unavoidable disturbances of significant vegetation or habitat
through replacement of habitat and provision of interpretive features consistent with the
shoreline access guidelines.
Policy 5.9.4 Support relief from certain shoreline master program requirements for
properties affected by habitat restoration projects that result in the movement of the
ordinary high water mark.
Policy 5.9.5 Support establishing the Transition Zone as the priority area for habitat
restoration projects given its importance for subtidal and intertidal habitats to allow
salmonids to gradually adjust to the change between fresh and saltwater conditions.
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5.10 Water Oualitv. Surface Water and Flood Control Use
Goal: Improved water quality and quantity control programs affecting the Green /Duwamish
River that improve the river's water quality, provide habitat for fish and wildlife, protect public
health and safety, and enhance public enjoyment of the river.
Policies:
Policy 5.10.1 Design, locate, and manage shoreline development including streets, flood
control projects, surface water drainage and sewer systems, clearing and grading activities,
and landscaping in a manner which minimizes opportunities for pollutants to enter the
river, provides erosion control and otherwise protects water quality.
Policy 5.10.2 Design, manage, and mitigate flood control uses to minimize impacts to
other shoreline uses such as trees and riverbank vegetation, public access and recreation,
and fish habitat; and set them back from the river, where feasible for the project, with land
areas between the water and the levee set aside as open space for public recreation or
wildlife habitat.
Policy 5.10.3 Consistent with project feasibility, mitigate unavoidable negative impacts on
other shoreline uses owing to flood control uses through such measures as restoration of
trees and native riverbank vegetation, provision of public access to the water's edge,
interpretive features, or other mitigation of loss of opportunities for shoreline multiple uses.
Policy 5.10.4 Obtain additional easements, where needed, from property owners to set
back levees to improve flood control and shoreline habitat functions. Where possible. aAs
redevelopment occurs, replace bulkheads, revetments or other hard bank stabilization with
more natural levees. riverbanks or other shoreline treatments. to improve flood control.
ecological functions and habitat when- pessible.
Implementation Strategies:
Increase levee setback to incorporate vegetated mid -slope benches
Shoreline access guidelines
Surface Water Management Plan
WRIA 9 Plan water quality policies
Shoreline Restoration Plan
5.11 Public Health, Safety and Welfare. Comprehensive Plan Goal 5.11
Goal: Shoreline uses that do not endanger public health, safety and welfare, or the capacity of
the river to provide long -term benefits and resources to the community.
Policies:
Policy 5.11.1 Design, locate, and manage shoreline uses, such as capital improvement
projects and private development, in a manner that does not endanger public health, safety
and welfare, and enhances the capacity of the river to provide long -term flood protection.
habitat and other benefits and resources to the community and the environment.
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DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, UPDATING REQUIREMENTS FOR SHORELINE
REGULATIONS TO INCORPORATE NEW STATE REQUIREMENTS;
REPEALING ORDINANCE NOS. 1796 §3 (PART), 1775 §2, AND 1758 §1 (PART), AS
CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 18.44, "SHORELINE
OVERLAY 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 under 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 Legislature directed local governments developing
Shoreline Master Programs for shorelines of State -wide significance to give preference to uses
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 the 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, Puget Sound Chinook Salmon and Bull Trout have been listed as "threatened"
under the Federal Endangered Species Act, and the Green /Duwamish River throughout
Tukwila is a critical resource for these species, making shoreline habitat protection and
restoration crucial, particularly in the Transition Zone portion of the river that extends from the
East Marginal Way South bridge through the north City limits; 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
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
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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, 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 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, revisions to the City's shoreline regulations, codified in Tukwila Municipal
Code Chapter 18.44, are required to implement the updated Shoreline Master Program; and
WHEREAS, new and revised Zoning Code definitions, codifed in Chapter 18.06 of the
Tukwila Municipal Code, are required to implement the changes to TMC Chapter 18.4 TMC
and the updated Shoreline Master Program; 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. Purpose and Definition Adopted. Updated requirements for shoreline
regulations are hereby adopted to read as follows:
18.44.010 Purpose and Definition
The purpose of this chapter is to implement the Shoreline Management Act (SMA) of 1971,
as amended (referred to in the chapter as "Shoreline Act" (SMA)) and the rules and regulations
hereunder (referred to in this chapter as "shoreline regulations as codified in the Washington
Administrative Code; and to provide for the regulation of development that affects those areas
of the City under the jurisdiction of the Shoreline Act.
Section 2. Shoreline Environment Designations Adopted. Updated requirements for
shoreline regulations are hereby adopted to read as follows:
18.44.020 Shoreline Environment Designations
All shoreline within the City is designated "urban" and further identified as follows:
1. Shoreline Residential Environment. All lands zoned for residential use as measured
200 feet landward from the Ordinary High Water Mark (OHWM);
2. Urban Conservancy Environment. All lands not zoned for residential use upstream
from the Turning Basin as measured 200 feet landward from the OHWM; and
3. High Intensity Environment. All lands downstream from the Turning Basin as
measured 200 feet landward from the OHWM.
Section 3. Principally Permitted Uses Adopted. Updated requirements for shoreline
regulations are hereby adopted to read as follows:
18.44.030 Principally Permitted Uses
A. This section specifies the uses that are permitted outright, permitted as a Conditional
Use or prohibited altogether for each Shoreline Environment. Also included are special
conditions and general requirements controlling specific uses. These regulations are intended
to implement the purpose of each Shoreline Environment designation.
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B. General Use Regulations. All shoreline uses shall meet the requirements listed below.
1. The first priority for City -owned property within the Shoreline Jurisdiction shall be
reserved for water dependent uses including, but not limited to, habitat restoration, followed
by water enjoyment uses, public access, passive recreation, passive open space uses, or public
educational purposes.
2. No hazardous waste handling, processing or storage is allowed within the SMA
shoreline jurisdiction, unless incidental to a use allowed in the designated shoreline
environment and adequate controls are in place to prevent any releases to the shoreline /river.
3. Overwater structures shall not cause a net loss of ecological function, interfere with
navigation or flood management, or present potential hazards to downstream properties or
facilities. They shall comply with the standards in the Overwater Structures Section of TMC
Section 18.44.070(K).
4. Parking as a primary use is not permitted, except for existing Park and -Ride lots,
where adequate stormwater collection and treatment is in place to protect water quality.
Parking is permitted only as an accessory to a permitted or conditional use in the Shoreline
Jurisdiction.
5. All development, activities or uses unless an approved over water, flood
management structure, or shoreline restoration project shall be prohibited waterward of the
OHWM.
Section 4. Shoreline Residential Environment Uses Adopted. Updated requirements
for shoreline regulations are hereby adopted to read as follows:
TMC 18.44.040 Shoreline Residential Environment Uses
A. Shoreline Residential Buffer Delineated Uses. The Shoreline Residential River
Buffer shall consist of the area needed to achieve a 2.5:1 slope of the river bank, measured from
the toe of the bank to the top of the bank, plus 20 linear feet measured from the top of the bank
landward; provided, that in no case shall the Shoreline Residential Buffer be less than 50 feet
landward of the OHWM.
1. Permitted Uses. No uses or structures are permitted in the Shoreline Residential
Buffer except for the following:
a. Shoreline restoration projects;
b. Over -water structures subject to the standards in the Over -water Structures
Section associated with water dependent uses, public access, recreation, flood control or
channel management. Private, single residence piers for the sole use of the property owner
shall not be considered an outright use on the shoreline. A dock may be allowed when the
applicant has demonstrated a need for moorage and that the following alternatives have been
investigated and are not available or feasible:
1) commercial or marina moorage;
2) floating moorage buoys;
3) joint use moorage pier /dock.
c. Public parks, recreation and open space;
d. Public pedestrian bridges;
e. Public and /or private promenades, footpaths or trails;
f. Recreation structures such as benches, tables, viewpoints, and picnic shelters,
provided no such structure shall exceed 15 feet in height or 25 square feet in area or block views
to the shoreline from adjacent properties;
g. Signs conforming to the Sign Code;
h. Construction, maintenance or re- development of levees for flood control
purposes, provided that any new or redeveloped levee shall meet the applicable levee
requirements of this chapter;
i. Vehicle bridges, only if connecting public rights -of -way;
j. Utility towers and utilities except the provision, distribution, collection,
transmission or disposal of refuse;
k. Fire lanes when co- located with levee maintenance roads;
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1. New shoreline stabilization utilizing the development standards in TMC Section
18.44.070(F).
in. Water dependent uses and their structures, as long as there is no net loss of
shoreline ecological function;
n. Fences, provided the maximum height of a fence along the shoreline is four feet
and the fence does not extend waterward beyond the top of the bank. Chain -link fences must
be vinyl coated.
o. Existing essential streets, roads and rights -of -way may be maintained or
improved;
p. Outdoor storage, only in conjunction with a water dependent use;
q. Essential public facilities, both above and below ground;
r. Landfill as part of an approved remediation plan for the purpose of capping
contaminated sediments; and
s. Patios or decks not exceeding 18 inches in height, limited to a maximum 200
square feet and 50% of the width of the river frontage. Decks or patios must be located
landward of the top of the bank and be constructed to be pervious and of environmentally
friendly materials.
t. Support facilities for above or below ground utilities or pollution control, such as
runoff ponds, filter systems, detention ponds and outfall facilities, provided they are located at
or below grade and as far from the OHWM as technically feasible.
2. Conditional Uses. Only the following may be allowed as a Conditional Use in the
shoreline residential river buffer subject to the requirements, procedures and conditions
established by TMC Chapter 18.64 and shall be reviewed through a Shoreline Conditional Use
Permit:
a. Dredging activities when in compliance with all federal and state regulations,
when necessary for navigation or remediation of contaminated sediments.
b. Dredging for navigational purposes is permitted where necessary for assuring
safe and efficient accommodation of existing navigational uses and then only when significant
ecological impacts are minimized and when mitigation is provided. Maintenance dredging of
established navigation channels and basins is restricted to maintaining previously dredged
and /or existing authorized location, depth and width. Dredging of bottom materials for the
purpose of obtaining fill material is prohibited.
c. New private vehicle bridges.
B. Shoreline Residential Environment Outside of Buffer Permitted Uses. The following
uses are permitted within the Shoreline Residential Environment outside of the Shoreline
Residential River Buffer. Uses shall meet the purposes and criteria of the Shoreline Residential
Development Zone as established in the Shoreline Environment Designation section.
1. Permitted Uses. The Shoreline Residential Environment shall contain residential,
recreational and limited commercial uses and accessory uses as allowed in the underlying
zoning district. In addition, the Shoreline Residential Environment shall allow the following
uses:
a. All uses permitted in the Shoreline Residential River Buffer;
b. For non residential uses, parking /loading and storage facilities located to the
most upland portion of the property and adequately screened and /or landscaped in accordance
with the Vegetation Protection and Landscaping section;
c. Railroad tracks; and
d. Public or private roads.
2. Conditional Uses. All uses listed as Conditional Uses in the underlying zone may be
allowed subject to the requirements, procedures and conditions established by TMC Chapter
18.64. A Shoreline Conditional Use Permit is required.
Section 5. Urban Conservancy Environment Uses Adopted. Updated requirements for
shoreline regulations are hereby adopted to read as follows:
TMC 18.44.050 Urban Conservancy Environment Uses
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A. Urban Conservancy Environment Buffer Delineated. The Urban Conservancy
Environment Buffer shall consist of that area measured 100 feet landward of the OHWM for
non leveed portions of the river, and that area measured 125 feet landward from the OHWM
for leveed portions of the river.
B. Urban Conservancy Environment Buffer Uses.
1. Permitted Uses. The following uses are permitted in the Urban Conservancy River
Buffer:
a. Shoreline restoration projects;
b. Over -water structures subject to the standards established in the Over -water
Structures Section, TMC Section 18.44.070(K), that are associated with water dependent uses,
public access, recreation, flood control, channel management or ecological restoration;
c. Public parks, recreation and open space;
d. Public and /or private promenades, footpaths or trails;
e. Public pedestrian bridges;
f. Recreation structures such as benches, tables, viewpoints, and picnic shelters,
provided no such structure shall exceed 15 feet in height and 25 square feet in area and views of
the shoreline are not blocked from adjacent properties;
g. Signs conforming to the Sign Code;
h. Construction, maintenance or re- development of levees for flood control
purposes, provided that any new or re- developed levee shall meet the applicable levee
requirements of this chapter;
i. New vehicle bridges: permitted only if connecting public rights -of -way; existing
public or private vehicle bridges may be maintained or replaced.
j. Utility towers and utilities except the provision, distribution, collection,
transmission or disposal of refuse;
k. Levee maintenance roads;
1. Plaza connectors between buildings and levees, not exceeding the height of the
levee, are permitted for the purpose of providing and enhancing pedestrian access along the
river and for landscaping purposes;
m. New shoreline stabilization utilizing the development standards in the Shoreline
Stabilization Section, TMC Section 18.44.070(F);
n. Existing essential streets, roads and rights -of -way may be maintained or
improved;
o. Water- dependent commercial and industrial development, if permitted by the
underlying zoning district;
p. Support facilities for above or below ground utilities or pollution control, such as
runoff ponds, filter systems, detention ponds and outfall facilities, provided they are located at
or below grade and as far from the OHWM as technically feasible;
q. Outdoor storage, only in conjunction with a water- dependent use;
r. Essential public facilities, both above and below ground;
s. Landfill as part of an approved remediation plan for the purpose of capping
contaminated sediments.
t. Regional detention facilities that meet the City's lnsfrastructure Design and
Construction Standards along with their supporting elements such as ponds, piping, filter
systems and outfalls. Any regional detention facility located in the buffer shall be designed
such that a fence is not required, planted with native vegetation, designed to blend with the
surrounding environment, and provide design features that serve both public and private use,
such as an access road that can also serve as a trail. The facility shall be designed to locate
access roads and other impervious surfaces as far from the river as practical.
2. Conditional Uses. Only the following may be allowed as a Conditional Use in the
Shoreline Urban Conservancy Environment buffer, subject to the requirements, procedures and
conditions established by TMC Chapter 18.64 and shall be reviewed through a Shoreline
Conditional Use Permit:
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a. Dredging activities where necessary for assuring safe and efficient
accommodation of existing navigational uses and then only when significant ecological impacts
are minimized and when mitigation is provided.
b. Dredging for remediation of contaminated sediments when mitigation is
provided. Dredging of bottom materials for the purpose of obtaining fill material is prohibited.
Dredging activities must comply with all federal and state regulations.
c. New private vehicle bridges.
C. Urban Conservancy Environment Outside of Buffer Uses.
The following uses are permitted in the Urban Conservancy Environment, outside of
the Urban Conservancy Environment Buffer. Uses shall meet the purposes and criteria of the
Urban Conservancy Environment as established in the Shoreline Environment Designation
section.
1. Permitted Uses. All uses permitted in the Urban Conservancy Environment Buffer
and /or the underlying zoning district may be allowed.
2. Conditional Uses. All uses listed as Conditional Uses in the underlying zone may be
allowed subject to the requirements, procedures and conditions established by TMC Chapter
18.64. A Shoreline Conditional Use Permit shall be required.
D. Urban Conservancy Buffer Width Reduction
The Director may reduce the Urban Conservancy Environment Buffer as follows:
1. For property located within the 100 -foot buffer in non -levee portions of the river, the
Urban Conservancy Environment Buffer may be reduced to that area occupied by the river
bank plus 20 feet measured landward from the top of the bank; provided however, that the
applicant must first re -slope the river bank to 2.5:1, provide a 20 -foot setback from the top of the
new slope and vegetate both the river bank and the 20 -foot setback area in accordance with the
standards in TMC 18.44.080, and provided that the Director determines that any buffer
reduction will not result in direct, indirect or long -term adverse impacts to shoreline ecosystem
functions. Further, a buffer enhancement plan, including removal of invasive plants and
plantings using a variety of native vegetation that improves the functional attributes of the
buffer and provides additional protection for the watercourse functions, must be approved by
the Director and implemented by the applicant as a condition of the reduction.
2. For property located within the 125 -foot buffer along leveed portions of the river,
the Urban Conservancy Environment Buffer may be reduced to that area occupied by levee or
river bank improvements meeting the minimum levee profile or other levee standards
provided in this chapter, plus 10 feet measured landward from the landward toe of the levee or
(if permitted by this chapter) floodwall. In the event that the owner provides the City with a
10 -foot levee maintenance easement, measured landward from the landward toe of the levee or
levee wall and prohibiting the construction of any structures and allows the City to access the
area to inspect the levee, then the buffer shall be reduced to the landward toe of the levee, or
landward edge of the levee floodwall, as the case may be.
3. If fill is placed along the back slope of a new levee, the Urban Conservancy
Environment Buffer may be reduced to the point where the ground plane intersects the back
slope of the levee; provided, that the property owner must grant the City a levee maintenance
easement measured 10 feet landward from the landward toe of the levee or levee wall, and
which easement prohibits the construction of any structures and allows the City to access the
area to inspect the levee and /or wall and make any necessary repairs.
Section 6. High Intensity Environment Uses Adopted. Updated requirements for
shoreline regulations are hereby adopted to read as follows:
TMC 18.44.060 High Intensity Environment Uses
A. High Intensity Environment Buffer Delineated
The High Intensity Environment Buffer shall consist of an area measured 100 feet
landward from the OHWM. The remaining area of shoreline jurisdiction is non- buffer area.
B. High Intensity Environment Buffer Uses.
1. Permitted Uses. The following uses are permitted in the High Intensity River Buffer:
a. Shoreline restoration projects;
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b. Over -water structures subject to the standards established in the Over -water
Structures Section that are associated with water dependent uses, public access, recreation,
flood control, channel management or ecological restoration;
c. Public parks, recreation and open space;
d. Public and /or private promenades, footpaths or trails;
e. Public pedestrian bridges;
f. Recreation structures such as benches, tables, viewpoints, and picnic shelters,
provided no such structure shall exceed 15 feet in height and 25 square feet in area and no
views of the shoreline are blocked from adjacent properties;
g. Signs conforming to the Sign Code;
h. Construction, maintenance or re- development of levees for flood control
purposes, provided that any new or re- developed levee shall meet the applicable levee
requirements of this chapter;
i. New vehicle bridges: permitted only if connecting public rights -of -way; existing
public or private vehicle bridges may be maintained or replaced;
j. Utility towers and utilities except the provision, distribution, collection,
transmission or disposal of refuse;
k. Levee maintenance roads;
1. Plaza connectors between buildings and levees, not exceeding the height of the
levee, are permitted for the purpose of providing and enhancing pedestrian access along the
river and for landscaping purposes;
m. New shoreline stabilization utilizing the development standards in the Shoreline
Stabilization Section, TMC Section 18.44.070(F);
n. Existing essential streets, roads and rights -of -way may be maintained or
improved;
o. Water dependent commercial and industrial development, if permitted by the
underlying zoning district;
p. Support facilities for above or below ground utilities or pollution control, such as
runoff ponds, filter systems, detention ponds and outfall facilities, provided they are located at
or below grade and as far from the OHWM as technically feasible;
q. Outdoor storage, only in conjunction with a water dependent use;
r. Essential public facilities, both above and below ground; and
s. Landfill as part of an approved remediation plan for the purpose of capping
contaminated sediments.
t. Regional detention facilities that meet the City's Infrastructure Design and
Construction Standards along with their supporting elements such as ponds, piping, filter
systems and outfalls. Any regional detention facility located in the buffer shall be designed
such that a fence is not required, planted with native vegetation, designed to blend with the
surrounding environment, and provide design features that serve both public and private use,
such as an access road that can also serve as a trail. The facility shall be designed to locate
access roads and other impervious surfaces as far from the river as practical.
2. Conditional Uses. Only the following may be allowed as a Conditional Use in the
Shoreline High Intensity Environment Buffer subject to the requirements, procedures and
conditions established by TMC Chapter 18.64. A Shoreline Conditional Use Permit shall be
required.
a. Dredging activities where necessary for assuring safe and efficient
accommodation of existing navigational uses and then only when significant ecological impacts
are minimized and when mitigation is provided.
b. Dredging for remediation of contaminated sediments when mitigation is
provided. Dredging of bottom materials for the purpose of obtaining fill material is prohibited.
Dredging activities must comply with all federal and state regulations.
c. New private vehicle bridges.
C. Shoreline Urban High Intensity Environment Uses. The Shoreline High Intensity
Environment shall consist of the remaining area within the 200 foot Shoreline Jurisdiction that
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is not within the Shoreline High Intensity Environment Buffer area. Uses shall meet the
purposes and criteria of the Shoreline Environment Designations section.
1. Permitted Uses. All uses permitted in the High Intensity Environment Buffer and /or
the underlying zoning district may be allowed.
2. Conditional Uses. All uses listed as Conditional Uses in the underlying zone may be
allowed subject to the requirements, procedures and conditions established by TMC Chapter
18.64. A Shoreline Conditional Use Permit shall be required.
D. Shoreline High Intensity Environment Buffer Reduction.
The Director may reduce the High Intensity Environment Buffer where the applicant re-
slopes the river bank to be no steeper than 3:1 above the OHWM, provides a 20 -foot setback
from the top of the new slope, vegetates both the river bank and the 20 -foot setback area in
accordance with the standards in the Vegetation Protection and Landscaping Section, and the
Director determines that there will be no net loss of shoreline ecological functions. On
properties where the bank slope currently is no steeper than 3:1 or where the property owner
has already re- sloped the river bank, provided a 20 -foot setback and vegetated the bank and
setback as provided in this chapter, the buffer width will be the distance measured from the
OHWM to the top of the bank, plus 20 feet.
Section 7. Development Standards Adopted. Updated requirements for shoreline
regulations are hereby adopted to read as follows:
TMC 18.44.070 Development Standards
A. Applicability. The development standards of this chapter apply to work that meets the
definition of substantial development except for vegetation removal per TMC Section 18.44.080,
which applies to all shoreline development. The term "substantial development" applies to
non conforming, new or re- development. Non conforming uses, structures, parking lots and
landscape areas will be governed by the standards in TMC Section 18.44.130E, "Non-
conforming Development
B. Shoreline Residential Development Standards. A shoreline substantial development
permit is not required for construction within the Shoreline Residential Environment by an
owner, lessee or contract purchaser of a single family residence for his /her own use or for the
use of a family member. Such construction and all normal appurtenant structures must
otherwise conform to this Chapter. Short subdivisions and subdivisions are not exempt from
obtaining a Shoreline Substantial Development Permit.
1. Shoreline Residential Environment Standards. The following standards apply to the
Shoreline Residential Environment:
a. The development standards of the applicable underlying zoning district (Title
18, Tukwila Municipal Code) shall apply.
b. New development and uses must be sited so as to allow natural bank inclination
of 2.5:1 slope with a 20 -foot setback from the top of the bank. The Director may require a
riverbank analysis as part of any development proposal.
c. Utilities such as pumps, pipes, etc., shall be suitably screened with native
vegetation per the standards in the Vegetation Protection and Landscaping Section.
d. New shoreline stabilization, repair of existing stabilization or modifications to
the river bank must comply with the standards in the Shoreline Stabilization Section, TMC
Section 18.44.070(F).
e. Short plats of five to nine lots or formal subdivisions must be designed to
provide public access to the river in accordance with the Public Access Section, TMC Section
18.44.100. Signage is required to identify the public access point(s).
f. Parking facilities associated with single family residential development or public
recreational facilities are subject to the specific performance standards set forth in the Off Street
Parking Section, TMC Section 18.44.070(I).
g. Fences, freestanding walls or other structures normally accessory to residences
must not block views of the river from adjacent residences or extend waterward beyond the top
of the bank. Chain link fencing must be vinyl coated.
h. Recreational structures permitted in the buffer must provide buffer mitigation.
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i. The outside edge of surface transportation facilities, such as railroad tracks,
streets, or public transit shall be located no closer than 50 feet from the OHWM, except where
the surface transportation facility is bridging the river.
j. Except for bridges, approved above ground utility structures, and water
dependent uses and their structures, the maximum height for structures shall be as established
by the underlying zone.
2. Design Review. Design review is required for non residential development in the
Shoreline Residential Environment.
C. High Intensity and Urban Conservancy Environment Development Standards.
1. Standards. The following standards apply in the High Intensity and Urban
Conservancy Environment.
a. The development standards for the applicable underlying zoning district (Title
18, Tukwila Municipal Code) shall apply.
b. All new development performed by public agencies, or new multi- family,
commercial, or industrial development shall provide public access in accordance with the
standards in the Public Access Section.
c. Development or re- development of properties in areas of the shoreline armored
with revetments or other hard armoring other than levees, or with non armored river banks,
must comply with the Vegetation Protection and Landscaping Section, TMC Section 18.44.080.
d. Any new shoreline stabilization or repairs to existing stabilization must comply
with Shoreline Stabilization Section, TMC Section 18.44.070(F).
e. Over -water structures shall be allowed only for water dependent uses and the
size limited to the minimum necessary to support the structure's intended use and shall result
in no net loss to shoreline ecological function. Over -water structures must comply with the
standards in the Over -water Structures Section, TMC Section 18.44.070(K).
2. Setbacks and Site Configuration.
a. The yard setback adjacent to the river is the buffer width established for the
applicable shoreline environment.
b. A fishing pier, viewing platform or other outdoor feature that provides access to
the shoreline is not required to meet a setback from the OHWM.
3. Height Restrictions. Except for bridges, approved above ground utility structures,
and water dependent uses and their structures, to preserve visual access to the shoreline and
avoid massing of tall buildings within the shoreline jurisdiction, the maximum height for
structures shall be as follows:
OHWM.
a. 15 feet where located within the River Buffer;
b. 45 feet between the outside landward edge of the River Buffer and 200 feet of the
Provided, no permit shall be issued for any new or expanded building or
structure of more than 35 feet above average grade level on shorelines of the State that will
obstruct the view of a substantial number of residences on areas adjoining such shorelines. The
Director may approve a 15% increase in height if the project proponent provides additional
restoration and /or enhancement of the shoreline buffer, beyond what may otherwise be
required in accordance with the standards of TMC Section 18.44.080, Vegetation Protection and
Landscaping. If the required buffer has already been restored, the project proponent may
provide a 20% wider buffer, and /or enhanced in order to obtain the 15% increase in height in
accordance with TMC Section 18.44.080, Vegetation Protection and Landscaping.
4. Lighting. In addition to the lighting standards in TMC Chapter 18.60, "Board of
Architectural Review," lighting for the site or development shall be designed and located so
that:
a. The minimum light levels in parking areas and paths between the building and
street shall be one -foot candle;
b. Lighting shall be designed to prevent light spillover and glare on adjacent
properties and on the river channel, be directed downward so as to illuminate only the
immediate area, and be shielded to eliminate direct off -site illumination;
c. The general grounds need not be lighted;
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d. The lighting is incorporated into a unified landscape and /or site plan.
D. Surface Water and Water Quality. The following standards apply to all shoreline
development.
1. New surface water systems may not discharge directly into the river or streams
tributary to the river without pre treatment to reduce pollutants and meet State water quality
standards.
2. Such pre treatment may consist of biofiltration, oil/ water separators, or other
methods approved by the City of Tukwila Public Works Department.
3. Shoreline development, uses and activities shall not cause any increase in surface
runoff, and shall have adequate provisions for stormwater detention infiltration.
4. Stormwater outfalls must be designed so as to cause no net loss of shoreline
ecological functions or adverse impacts where functions are impaired. New stormwater
outfalls or maintenance of existing outfalls must include shoreline restoration as part of the
project.
sewer.
5. Shoreline development and activities shall have adequate provisions for sanitary
6. Solid and liquid wastes and untreated effluents shall not be allowed to enter any
bodies of water or to be discharged onto shorelands.
7. The use of low impact development techniques is required, unless such techniques
conflict with other provisions of this chapter or are shown to not be feasible due to site
conditions.
E. Flood Hazard Reduction. The following standards apply to all shoreline development.
1. New flood hazard structures must incorporate appropriate vegetation restoration
and conservation actions consistent with the standards of the Vegetation Protection and
Landscaping Section.
2. New structural flood hazard reduction structures shall be allowed only when it can
be demonstrated by a riverbank analysis that:
a. They are necessary to protect existing development;
b. Non structural measures are not feasible; and
c. Impacts to ecological functions and priority species and habitats can be
successfully mitigated so as to assure no net loss.
3. Levees, berms and similar flood control structures, whether new or redeveloped,
shall be designed to meet the minimum levee profile, except as provided in Section
18.44.070(E)10 below.
4. Publicly funded structural measures to reduce flood hazards shall improve public
access or dedicate and provide public access unless public access improvements would cause
unavoidable health or safety hazards to the public, inherent and unavoidable security
problems, or significant ecological impacts that cannot be mitigated.
5. Rehabilitation or replacement of existing flood control structures such as levees,
with a primary purpose of containing the 1% annual chance flood event, shall be allowed
where it can be demonstrated by an engineering analysis that the existing structure:
a. Does not provide an appropriate level of protection for surrounding lands; or
b. Does not meet the minimum levee profile or other appropriate engineering
design standards for stability (e.g., over steepened side slopes for existing soil and /or flow
conditions); and
c. Repair of the existing structure will not cause or increase significant adverse
ecological impacts to the shoreline.
6. Rehabilitated or replaced flood hazard reduction structures shall not extend the toe
of slope any further waterward of the OHWM than the existing structure.
7. New structural flood hazard reduction measures, such as levees, berms and similar
flood control structures shall be placed landward of the floodway as determined by the best
available information.
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8. New, redeveloped or replaced structural flood hazard reduction measures shall be
placed landward of associated wetlands, and designated fish and wildlife habitat conservation
areas.
9. No commercial, industrial, office or residential development shall be located within
a floodplain without a Flood Control Zone Permit issued by the City. No development shall be
located within a floodway, except as otherwise permitted.
10. New, redeveloped or replaced flood hazard reduction structures may deviate from
the minimum levee profile only as follows. A floodwall may be substituted for all or a portion
of a levee back slope only where necessary to avoid encroachment or damage to a structure
legally constructed prior to the date of adoption of this subsection, and which structure has not
lost its nonconforming status. The floodwall shall be designed to be the minimum necessary to
provide 10 feet of clearance between the levee and the building, or the minimum necessary to
preserve access needed for building functionality while meeting all engineering safety
standards. A floodwall may also be used where necessary to prevent the levee from
encroaching upon a railroad easement recorded prior to the date of adoption of this subsection.
If a floodwall is permitted under this subsection the levee slope must be 2.5H:1V unless it is not
physically possible to achieve such a slope; in that instance, the levee slope must be as close to
2.5H:1V as physically possible.
F. Shoreline Stabilization. The provisions of this section apply to those structures or
actions intended to minimize or prevent erosion of adjacent uplands and /or failure of
riverbanks resulting from waves, tidal fluctuations or river currents. Shoreline stabilization or
armoring involves the placement of erosion resistant materials (e.g., large rocks and boulders,
cement, pilings and /or LWD (LWD)) or the use of bioengineering techniques to reduce or
eliminate erosion of shorelines and risk to human infrastructure. This form of shoreline
stabilization is distinct from flood control structures and flood hazard reduction measures
(such as levees). The terms "shoreline stabilization," "shoreline protection" and "shoreline
armoring" are used interchangeably.
1. Shoreline protection shall not be considered an outright permitted use and shall be
permitted only when it has been demonstrated through a riverbank analysis and report that
shoreline protection is necessary for the protection of existing legally established structures and
public improvements.
2. New development and re- development shall be designed and configured on the lot
to avoid the need for new shoreline stabilization. Removal of failing shoreline stabilization
shall be incorporated into re- development design proposals wherever feasible
3. Replacement of lawfully established, existing bulkheads or revetments are subject to
the following priority system:
a. The first priority for replacement of bulkheads or revetments shall be landward
of the existing bulkhead.
b. The second priority for replacement of existing bulkheads or revetments shall be
to replace in place (at the bulkhead's existing location).
4. When evaluating a proposal against the above priority system, at a minimum the
following criteria shall be considered:
a. Existing topography;
b. Existing development;
c. Location of abutting bulkheads;
d. Impact to shoreline ecological functions; and
e. Impact to river hydraulics, potential changes in geomorphology, and to other
areas of the shoreline.
5. Proponents of new or replacement hard shoreline stabilization (e.g. bulkheads or
revetments) must demonstrate through a documented riverbank analysis that bioengineered
shoreline protection measures or bioengineering erosion control designs will not provide
adequate upland protection of existing structures or would pose a threat or risk to adjacent
property. The study must also demonstrate that the proposed hard shoreline stabilization will
not adversely affect other infrastructure or adjacent shorelines.
6. Where allowed, shoreline armoring shall be designed, constructed and maintained
in a mariner that does not result in a net loss of ecological function, including fish habitat, and
shall conform to the requirements of the 2004 Washington State Department of Fish and
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Wildlife (or as amended) criteria and guidelines for integrated stream bank protection
(Washington State Department of Fish and Wildlife, Washington Department of Ecology and
U.S. Fish and Wildlife Service, Olympia, Washington), U.S. Army Corps of Engineers and other
regulatory requirements. The hard shoreline stabilization must be designed and approved by
an engineer licensed in the State of Washington and qualified to design shoreline stabilization
structures.
7. Shoreline armoring shall be designed to the minimum size, height, bulk and extent
necessary to remedy the identified hazard.
8. An applicant must demonstrate the following in order to qualify for the RCW
Section 90.58.030.30(e)(iii)(ii) exemption from the requirement to obtain a Shoreline Substantial
Development Permit for a proposed single family bulkhead and to insure that the bulkhead
will be consistent with the SMP:
a. Erosion from currents or waves is imminently threatening a legally established
single family detached dwelling unit or one or more appurtenant structures; and
b. The proposed bulkhead is more consistent with the City's Master Program in
protecting the site and adjoining shorelines and non structural alternatives such as slope
drainage systems, bioengineering or vegetative growth stabilization are not feasible or will not
adequately protect a legally established residence or appurtenant structure; and
c. The proposed bulkhead is located landward of the OHWM or it connects to
adjacent, legally established bulkheads; and
d. The maximum height of the proposed bulkhead is no more than one foot above
the elevation of extreme high water on tidal waters as determined by the National Ocean
Survey published by the National Oceanic and Atmospheric Administration.
9. Bulkheads or revetments shall be constructed of suitable materials that will serve to
accomplish the desired end with maximum preservation of natural characteristics. Materials
with the potential for water quality degradation shall not be used. Design and construction
methods shall consider aesthetics and habitat protection. Automobile bodies, tires or other
junk or waste material that may release undesirable chemicals or other material shall not be
used for shoreline protection.
10. The builder of any bulkhead or revetment shall be financially responsible for
determining the nature and the extent of probable adverse effects on fish and wildlife or on the
property of others caused by his /her construction and shall propose and implement solutions
approved by the City to minimize such effects.
11. When shoreline stabilization is required at a public access site, provision for safe
access to the water shall be incorporated in the design whenever possible.
12. Placement of bank protection material shall occur from the top of the bank and shall
be supervised by the property owner or contractor to ensure material is not dumped directly
onto the bank face.
13. Bank protection material shall be clean and shall be of a sufficient size to prevent its
being washed away by high water flows.
14. When riprap is washed out and presents a hazard to the safety of recreational users
of the river, it shall be removed by the owner of such material.
15. Bank protection associated with bridge construction and maintenance may be
permitted subject to the provisions of this chapter and shall conform to provisions of the State
Hydraulics Code (RCW 77.55) and U.S. Army Corps of Engineer regulations.
G. Archaeological, Cultural and Historical Resources. In addition to the requirements of
TMC Section 18.50.110, Archaeological /Paleontological Information Preservation
Requirements, the following regulations apply:
1. All land use permits for projects within the shoreline jurisdiction shall be
coordinated with affected tribes.
2. If the City determines that a site has significant archaeological, natural scientific or
historical value, a substantial development that would pose a threat to the resources of the site,
shall not be approved.
3. Permits issued in areas documented to contain archaeological resources require a
site inspection or evaluation by a professional archaeologist in coordination with affected
Indian tribes. The City may require that development be postponed in such areas to allow
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investigation of public acquisition potential, retrieval and preservation of significant artifacts
and /or development of a mitigation plan. Areas of known or suspected archaeological
middens shall not be disturbed and shall be fenced and identified during construction projects
on the site.
4. Developers and property owners shall immediately stop work and notify the City of
Tukwila, the Washington Department of Archaeology and Historic Preservation and affected
Indian tribes if archaeological resources are uncovered during excavation.
5. In the event unforeseen factors constituting an emergency, as defined in RCW
90.58.030, necessitate rapid action to retrieve or preserve artifacts or data identified above, the
project may be exempted from any shoreline permit requirements. The City shall notify the
Washington State Department of Ecology, the State Attorney General's Office and the State
Department of Archaeology and Historic Preservation Office of such an exemption in a timely
manner.
6. Archaeological excavations may be permitted subject to the provision of this
chapter.
7. On sites where historical or archaeological resources have been identified and will
be preserved in situ, public access to such areas shall be designed and managed so as to give
maximum protection to the resource and surrounding environment.
8. Interpretive signs of historical and archaeological features shall be provided subject
to the requirements of the Public Access Section when such signage does not compromise the
protection of these features from tampering, damage and /or destruction.
H. Environmental Impact Mitigation.
1. All shoreline development and uses shall occur in a manner that results in no net
Ioss of shoreline ecological functions through the careful location and design of all allowed
development and uses. In cases where impacts to shoreline ecological functions from allowed
development and uses are unavoidable, those impacts shall be mitigated according to the
provisions of this section; in that event, the "no net loss" standard is met.
2. To the extent Washington's State Environmental Policy Act of 1971 (SEPA), chapter
43.21C RCW, is applicable, the analysis of environmental impacts from proposed shoreline uses
or developments shall be conducted consistent with the rules implementing SEPA (TMC
Chapter 21.04 and WAC 197 -11).
3. Where required, mitigation measures shall be applied in the following sequence of
steps listed in order of priority:
a. Avoiding the impact altogether by not taking a certain action or parts of an
action;
b. Minimizing impacts by limiting the degree or magnitude of the action and its
implementation by using appropriate technology or by taking affirmative steps to avoid or
reduce impacts;
c. Rectifying the impact by repairing, rehabilitating, or restoring the affected
environment;
d. Reducing or eliminating the impact over time by preservation and maintenance
operations;
e. Compensating for the impact by replacing, enhancing, or providing substitute
resources or environments; and
f. Monitoring the impact and the compensation projects and taking appropriate
corrective measures.
4. In determining appropriate mitigation measures applicable to shoreline
development, lower priority measures shall be applied only where higher priority measures are
determined by the City to be infeasible or inapplicable.
5. When mitigation measures are appropriate pursuant to the priority of mitigation
sequencing above, preferential consideration shall be given to measures that replace the
impacted functions directly and in the immediate vicinity of the impact. However, if mitigation
in the immediate vicinity is not scientifically feasible due to problems with hydrology, soils,
waves or other factors, then off -site mitigation within the Shoreline Jurisdiction may be allowed
if consistent with the Shoreline Restoration Plan. Mitigation for projects in the Transition Zone
must take place in the Transition Zone. In the event a site is not available in the Transition Zone
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to carry out required mitigation, the project proponent may contribute funds equivalent to the
value of the required mitigation to an existing or future restoration project identified in the CIP
to be carried out by a public agency in the Transition Zone.
I. Off Street Parking and Loading Requirements. In addition to the parking
requirements in TMC Chapter 18.56, the following requirements apply to all development in
the Shoreline Jurisdiction.
1. Any parking, loading, or storage facilities located between the river and any
building must incorporate additional landscaping in accordance with the Vegetation Protection
and Landscaping Section, or berming or other site planning or design techniques to reduce
visual and /or environmental impacts from the parking areas utilizing the following screening
techniques:
a. A solid evergreen screen of trees and shrubs a minimum of six feet high; or
b. Decorative fence a maximum of six feet high with landscaping. Chain link fence,
where allowed, shall be vinyl coated and landscaped with native trailing vine or an approved
non -native vine other than ivy, except where a security or safety hazard may exist; or
c. Earth berms at a minimum of four feet high, planted with native plants in
accordance with the Vegetation Protection and Landscaping Section.
2. Where a parking area is located in the Shoreline Jurisdiction and adjacent to a public
access feature, the parking area shall be screened by a vegetative screen or a built structure that
runs the entire length of the parking area adjacent to the amenity. The landscape screening
shall comply with the Vegetation Protection and Landscaping Section.
3. Where public access to or along the shoreline exists or is proposed, parking areas
shall provide pedestrian access from the parking area to the shoreline.
4. Parking facilities, loading areas and paved areas shall incorporate low impact
development techniques wherever feasible, adequate stormwater retention areas, oil /water
separators and biofiltration swales or other treatment techniques and shall comply with the
standards and practices formally adopted by the City of Tukwila Public Works Department.
J. Land Altering Activities. All land altering activities in the Shoreline Jurisdiction shall
be in conjunction with an underlying land development permit, except for shoreline restoration
projects. All activities shall meet the following standards:
1. Clearing, Grading and Landfill.
a. Land altering shall be permitted only where it meets the following criteria:
1) The work is the minimum necessary to accomplish an allowed shoreline use;
2) Impacts to the natural environment are minimized and mitigated;
3) Water quality, river flows and /or fish habitat are not adversely affected;
4) Public access and river navigation are not diminished;
5) The project complies with all federal and state requirements;
6) The project complies with the vegetation protection criteria of the Vegetation
Protection and Landscaping Section; and
7) The project will achieve no net loss of shoreline ecological functions or
processes. In cases where impacts to shoreline ecological functions from an otherwise allowed
land altering project are unavoidable, those impacts shall be mitigated according to the
provisions of this chapter. In that event, the "no net loss" standard is met; and
8) Documentation is provided to demonstrate the fill comes from a clean
source.
b. Clearing, grading and landfill activities, where allowed, shall include erosion
control mechanisms, and any reasonable restriction on equipment, methods or timing
necessary to minimize the introduction of suspended solids or leaching of contaminants into
the river, or the disturbance of wildlife or fish habitats in accordance with the standards in
TMC Chapter 16.54, "Grading."
2. Dredging.
a. Dredging activities must comply with all federal and state regulations.
Maintenance dredging of established navigation channels and basins must be restricted to
maintaining previously dredged and /or existing authorized location, depth, and width.
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b. Where allowed, dredging operations must be designed and scheduled so as to
ensure no net loss to shoreline ecological functions or processes. In cases where impacts to
shoreline ecological functions from allowed dredging are unavoidable, those impacts shall be
mitigated according to the provisions of this chapter; in that event, the "no net loss" standard is
met.
K. Marinas, Boat Yards, Dry Docks, Boat Launches, Piers, Docks and Other Over -water
Structures.
1. General Requirements.
a. Prior to issuance of a Shoreline Substantial Development Permit for construction
of piers, docks, wharves or other over -water structures, the applicant shall present approvals
from State or Federal agencies, as applicable.
b. Structures must be designed by a qualified engineer and must demonstrate the
project will result in no net loss of shoreline ecological function and will be stable against the
forces of flowing water, wave action and the wakes of passing vessels.
c. In -water structures shall be designed and located to minimize shading of native
aquatic vegetation and fish passage areas. Removal of shoreline, riparian and aquatic
vegetation shall be limited to the minimum extent necessary to construct the project. All areas
disturbed by construction shall be replanted with native vegetation as part of the project.
d. New or replacement in -water structures shall be designed and located such that
natural hydraulic and geologic processes, such as erosion, wave action or floods will not
necessitate the following:
1) reinforcement of the shoreline or stream bank with new bulkheads or similar
artificial structures to protect the in -water structure; or
2) dredging.
e. No structures are allowed on top of over -water structures except for properties
located north of the Turning Basin.
f. Pilings or other associated structures in direct contact with water shall not be
treated with preservatives unless the applicant can demonstrate that no feasible alternative to
protect the materials exists and that non -wood alternatives are not economically feasible. In
that case, only compounds approved for marine use may be used and must be applied by the
manufacturer per current best management practices of the Western Wood Preservers Institute.
The applicant must present verification that the best management practices were followed. The
preservatives must also be approved by the Washington Department of Fish and Wildlife.
g. All over -water structures shall be constructed and maintained in a safe and
sound condition. Abandoned or unsafe over -water structures shall be removed or repaired
promptly by the owner. Accumulated debris shall be regularly removed and disposed of
properly so as not to jeopardize the integrity of the structure. Replacement of in -water
structures shall include proper removal of abandoned or other man -made structures and
debris.
h. Boat owners who store motorized boats on -site are encouraged to use best
management practices to avoid fuel and other fluid spills.
2. Marinas, Boat Yards and Dry Docks.
a. All uses under this category shall be designed to achieve no net loss of shoreline
ecological functions. In cases where impacts to shoreline ecological functions from uses allowed
under this category are unavoidable, those impacts shall be mitigated according to the
provisions of this chapter; in that event, the "no net loss" standard is met.
b. Commercial /industrial marinas and dry docks shall be located no further
upriver than Turning Basin #3.
c. Marinas shall be located, designed, constructed and operated to avoid or
minimize adverse impacts on fish, wildlife, water quality, native shoreline vegetation,
navigation, public access, existing in -water recreational activities and adjacent water uses.
d. Marinas shall submit a fuel spill prevention and contingency plan to the City for
approval. Haul -out and boat maintenance facilities must meet the City's stormwater
management requirements and not allow the release of chemicals, petroleum or suspended
solids to the river.
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e. Marinas, boat yards and dry docks must be located a minimum of 100 feet from
fish and wildlife habitat areas (see "Sensitive Areas in the Shoreline" Map 5).
f. New marinas, launch ramps and accessory uses must be located where water
depths are adequate to avoid the need for dredging.
3. Boat Launches and Boat Lifts.
a. Boat launch ramps and vehicle access to the ramps shall be designed to not cause
erosion; the use of pervious paving materials, such as grasscrete, are encouraged.
b. Boat launch ramps shall be designed to minimize areas of landfill or the need for
shoreline protective structures.
c. Access to the boat ramp and parking for the ramp shall be located a sufficient
distance from any frontage road to provide safe maneuvering of boats and trailers.
d. Launching rails shall be adequately anchored to the ground.
e. Launch ramps and boat lifts shall extend waterward past the OHWM only as far
as necessary to achieve their purpose.
f. Boat lifts and canopies must meet the standards of the U.S. Army Corps of
Engineers Regional General Permit Number 1 for Watercraft Lifts in Fresh and
Marine /Estuarine Waters within the State of Washington.
4. Over -water Structures. Where allowed, over -water structures such as piers, wharves
and docks shall meet the following standards:
a. The size of new over -water structures shall be limited to the minimum necessary
to support the structure's intended use and to provide stability in the case of floating docks.
Structures must be compatible with any existing channel control or flood management
structures.
b. Over -water structures shall not extend waterward of the OHWM any more than
necessary to permit launching of watercraft, while also ensuring that watercraft do not rest on
tidal substrate at any time.
c. Adverse impacts of over -water structures on water quality, river flows, fish
habitat, shoreline vegetation, and public access shall be minimized and mitigated. Mitigation
measures may include joint use of existing structures, open decking or piers, replacement of
non -native vegetation, installation of in -water habitat features or restoration of shallow water
habitat.
d. Any proposals for in -water or over-water structures shall provide a pre
construction habitat evaluation, including an evaluation of salmonid and bull trout habitat and
shoreline ecological functions, and demonstrate how the project achieves no net loss of
shoreline ecological functions.
e. Over -water structures shall obtain all necessary state and federal permits prior to
construction or repair.
f. All over -water structures must be designed by a qualified engineer to ensure
they are adequately anchored to the bank in a manner so as not to cause future downstream
hazards or significant modifications to the river geomorphology and are able to withstand high
flows.
g. Over -water structures shall not obstruct normal public use of the river for
navigation or recreational purposes.
h. Shading impacts to fish shall be minimized by using grating on at least 30% of
the surface area of the over -water structure on residential areas and at least 50% of the over
water structure on all other properties. The use of skirting is not permitted.
i. If floats are used, the flotation shall be fully enclosed and contained in a shell
(such as polystyrene) that prevents breakup or loss of the flotation material into the water,
damage from ultraviolet radiation, and damage from rubbing against pilings or waterborne
debris.
j. Floats may not rest on the tidal substrate at any time and stoppers on the piling
anchoring the floats must be installed to ensure at least 1 foot of clearance above the substrate.
Anchor lines may not rest on the substrate at any time.
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k. The number of pilings to support over -water structures, including floats, shall be
limited to the minimum necessary. Pilings shall conform to the pilings standards contained in
the US Army Corps of Engineers Regional General Permit No. 6.
1. No over -water structure shall be located closer than five feet from the side
property line extended, except that such structures may abut property lines for the common use
of adjacent property owners when mutually agreed upon by the property owners in an
easement recorded with King County. A copy of this agreement shall be submitted to the
Department of Community Development and accompany an application for a development
permit and /or Shoreline Permit.
Section 8. Vegetation Protection and Landscaping Adopted. Updated requirements for
shoreline regulations are hereby adopted to read as follows:
TMC 18.44.080 Vegetation Protection and Landscaping
A. Purpose, Objectives and Applicability.
1. The purpose of this section is to:
a. Regulate the protection of existing trees and native vegetation in the Shoreline
Jurisdiction;
b. Establish requirements for removal of invasive plants at the time of development
or re- development of sites;
c. Establish requirements for landscaping for new development or re- development;
and
d. Establish requirements for the long -term maintenance of native vegetation to
prevent establishment of invasive species and promote shoreline ecosystem processes.
2. The City's goal is to:
a. Preserve as many existing trees as possible and increase the number of native
trees, shrubs and other vegetation in the shoreline because of their importance to shoreline
ecosystem functions as listed below:
1) Overhead tree canopy to provide shade for water temperature control;
2) Habitat for birds, insects and small mammals;
3) Vegetation that overhangs the river to provide places for fish to shelter;
4) Source of insects for fish;
5) Filtering of pollutants and slowing of stormwater prior to its entering the
river; and
6) A long -term source of woody debris for the river.
b. In addition, trees and other native vegetation are important for aesthetics. It is
the City's goal that unsightly invasive vegetation, such as blackberries, be removed from the
shoreline and be replaced with native vegetation to promote greater enjoyment of and access to
the river.
c. The City will provide information and technical assistance to property owners
for improving vegetation in the Shoreline Jurisdiction and will work collaboratively with local
citizen groups to assist property owners in the removal of invasive vegetation and planting of
native vegetation, particularly for residential areas.
3. With the exception of residential development /re- development of four or fewer
residential units, all activities and developments within the Shoreline Environment must
comply with the landscaping and maintenance requirements of this section, whether or not a
shoreline substantial development permit is required. Single family residential projects are not
exempt if implementing a shoreline stabilization project on the shoreline.
4. The tree protection and retention requirements apply to existing uses as well as new
or re- development.
B. Tree Protection, Retention and Replacement.
1. As many significant trees and as much native vegetation as possible are to be
retained on a site proposed for development or re- development, taking into account the
condition and age of the trees. As part of design review, the Director of Community
Development or the Board of Architectural Review may require alterations in the arrangement
of buildings, parking or other elements of proposed development in order to retain significant
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non invasive trees, particularly those that provide shading to the river. Trees located on
properties not undergoing development or re- development may not be removed except those
that interfere with access and passage on public trails or that present an imminent hazard to
existing structures or the public. If the hazard is not readily apparent, the City may require an
evaluation by an International Society of Arborists (ISA)- certified arborist.
2. To protect the ecological functions that trees and native vegetation provide to the
shoreline, removal of any significant tree or native vegetation in the Shoreline Jurisdiction
requires a Shoreline Tree Removal and Vegetation Clearing Permit and is generally only
allowed on sites undergoing development or re- development. Only trees that interfere with
access and passage on public trails or trees that present an imminent hazard to existing
structures or the public may be removed from sites without an issued building permit or
Federal approval. Factors that will be considered in approving tree removal include, but are not
limited to: tree condition and health, age, risks to structures, and potential for root or canopy
interference with utilities.
3. Prior to any tree removal or site clearing, a Type 2 Shoreline Tree Removal and
Vegetation Clearing Permit application must be submitted to the Department of Community
Development (DCD) containing the following information:
a. A vegetation survey on a site plan that shows the diameter, species and location
of all significant trees and all existing native vegetation;
b. A site plan that shows trees and native vegetation to be retained and trees to be
removed and provides a table showing the number of significant trees to be removed and the
number of replacement trees required;
c. Tree protection zones and other measures to protect any trees or native
vegetation that are to be retained for sites undergoing development or re- development;
d. Location of the OHWM, river buffer, Shoreline Jurisdiction boundary and any
sensitive areas with their buffers;
e. A landscape plan that shows diameter, species name, spacing and planting
location for any required replacement trees and other proposed vegetation;
f. An arborist evaluation justifying the removal of hazardous trees if required by
DCD; and
g. An application fee per the current Land Use Permit Fee resolution.
4. Where permitted, significant trees that are removed from the shoreline shall be
replaced pursuant to the tree replacement requirements shown below, up to a density of 100
trees per acre (including existing trees). The Director or Planning Commission may require
additional trees or shrubs to be installed to mitigate any potential impact from the loss of this
vegetation as a result of new development.
Tree Replacement Requirements
Diameter* of Tree Removed *measured at
height of 4 feet from the ground)
4 -6 inches (single trunk);
2 inches (any trunk of a multi-trunk tree)
Over 6 -8 inches
Over 8 -20 inches
Over 20 inches
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Number of Replacement
Trees Required
3
4
6
8
5. The property owner is required to ensure the viability and long -term health of trees
planted for replacement through proper care and maintenance for the life of the project.
Replaced trees that do not survive must be replanted in the next appropriate season for
planting.
6. If all required replacement trees cannot be reasonably accommodated on the site,
off -site tree replacement within the shoreline jurisdiction may be allowed at a site approved by
the City. Priority for off -site tree planting will be at locations within the Transition Zone. If no
suitable off -site location is available, the applicant shall pay into a tree replacement fund. The
fee shall be based on the value of the replacement trees and their delivery, labor for site
preparation and plant installation, soil amendments, mulch, and staking supplies.
7. When a tree suitable for use as LWD is permitted to be removed from the shoreline
buffer, the tree trunk and root ball (where possible) will be saved for use in a restoration project
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elsewhere in the shoreline jurisdiction. The applicant will be responsible for the cost of moving
the removed tree(s) to a location designated by the City. If no restoration project or storage
location is available at the time, the Director may waive this requirement. Trees removed in the
shoreline jurisdiction outside the buffer shall be placed as LWD in the buffer (not on the bank),
if feasible. Priority for LWD placement projects will be in the Transition Zone.
8. Dead or dying trees located within the buffer or undeveloped upland portion of the
Shoreline Jurisdiction shall be left in place as wildlife snags, unless they present a hazard to
structures, facilities or the public.
9. Topping of trees is prohibited unless absolutely necessary to protect overhead utility
lines. Topping of trees will be regulated as removal and tree replacement will be required.
10. For new development or re- development where trees are proposed for retention,
tree protection zones shall be indicated on site plans and shall be established in the field prior
to commencement of any construction or site clearing activity. A minimum 4 feet high
construction barrier shall be installed around significant trees and stands of native trees or
vegetation to be retained. Minimum distances from the trunk for the construction barriers shall
be based on the approximate age of the tree (height and canopy) as follows:
a. Young trees (have reached less than 20% of life expectancy): 0.75 feet per inch of
trunk diameter
b. Mature trees (have reached 20 -80% of life expectancy): 1 foot per inch of trunk
diameter.
c. Over mature trees (have reached greater than 80% of life expectancy): 1.5 feet
per inch of trunk diameter.
C. Landscaping. This section presents landscaping standards for the Shoreline Jurisdiction
and is divided into a general section and separate sections for the River Buffer and for the
remaining part of the Shoreline Jurisdiction for each environment designation.
1. General Requirements. For any new development or re- development in the
Shoreline Jurisdiction, except single family residential development of four or fewer lots,
invasive vegetation must be removed and native vegetation planted and maintained in the
River Buffer, including the riverbank.
a. The landscaping requirements of this subsection apply for any new development
or redevelopment in the Shoreline Jurisdiction, except single family residential development of
4 or fewer lots. The extent of landscaping required will depend on the size of the proposed
project. New development or full redevelopment of a site will require landscaping of the entire
site. For smaller projects, the Director will review the intent of this section and the scope of the
project to determine a reasonable amount of landscaping to be carried out. Trees and other
vegetation shading the river shall be retained or replanted when riprap is placed per the
approved tree permit, if required.
b. Invasive vegetation must be removed as part of site preparation and native
vegetation planted, including the river bank.
c. On properties located behind publicly maintained levees, an applicant is not
required to remove invasive vegetation, or plant native vegetation within the buffer.
d. Removal of invasive species shall be done by hand or with hand -held power
tools. Where not feasible and mechanized equipment is needed, the applicant must obtain a
Shoreline Tree Removal and Vegetation Clearing Permit and show how the slope stability of
the bank will be maintained and a plan must be submitted indicating how the work will be
done and what erosion control and tree protection features will be utilized. Federal and State
permits may be required for vegetation removal with mechanized equipment.
e. Trees and other vegetation shading the river shall be retained or replanted when
riprap is placed as specified in the approved tree permit, if a permit is required.
f. Removal of invasive vegetation may be phased over several years prior to
planting if such phasing is provided for by a plan approved by the Director to allow for
alternative approaches, such as sheet mulching and goat grazing. The method selected shall
not destabilize the bank or cause erosion.
g. A combination of native trees, shrubs and groundcovers (including grasses,
sedges, rushes and vines) shall be planted. The plants listed in the Riparian Restoration and
Management Table of the 2004 Washington Stream Habitat Restoration Guidelines
(Washington Department of Fish and Wildlife, Washington Department of Ecology, and U.S.
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Fish and Wildlife Service, Olympia, Washington, as amended) shall provide the basis for plant
selection. Site conditions, such as topography, exposure, and hydrology shall be taken into
account for plant selection. Other species may be approved if there is adequate justification.
h. Non -native trees may be used as street trees in cases where conditions are not
appropriate for native trees (for example where there are space or height limitations or conflicts
with utilities).
i. Plants shall meet the current American Standard for Nursery Stock (American
Nursery and Landscape Association ANLA).
j. Plant sizes in the non buffer areas of all Shoreline Environments shall meet the
following minimum size standards:
Deciduous trees: 2 inch caliper
Conifers: 6-8 foot height
Shrubs: 24 inch height
Groundcover/ grasses: 4 inch or one gallon container
k. Smaller plant sizes (generally one gallon, bareroot, plugs, or stakes, depending
on plant species) are preferred for buffer plantings. Willow stakes must be at least 1/2 -inch in
diameter.
1. Site preparation and planting of vegetation shall be in accordance with best
management practices for ensuring the vegetation's long -term health and survival.
m. Plants may be selected and placed to allow for public and private view corridors
and /or access to the water's edge.
n. Native vegetation in the shoreline installed in accordance with the preceding
standards shall be maintained by the property owner to promote healthy growth and prevent
establishment of invasive species. Invasive plants (such as blackberry, ivy, knotweed,
bindweed) shall be removed on a regular basis, according to the approved maintenance plan.
o. Areas disturbed by removal of invasive plants shall be replanted with native
vegetation where necessary to maintain the density shown in TMC Section 18.44.080B4, and
must be replanted in a timely manner, except where a long -term removal and re- vegetation
plan, as approved by the City, is being implemented.
p. The following standards apply to utilities and loading docks located in the
Shoreline Jurisdiction:
1) Utilities such as pumps, pipes, etc. shall be suitably screened with native
vegetation;
2) Utility easements shall be landscaped with native groundcover, grasses or
other low- growing plants as appropriate to the shoreline environment and site conditions;
3) Allowed loading docks and service areas located waterward of the
development shall have landscaping that provides extensive visual separation from the river.
2. River Buffer Landscaping Requirements in all Shoreline Environments. The River
Buffer in all shoreline environments shall function, in part, as a vegetation management area to
filter sediment, capture contaminants in surface water run -off, reduce the velocity of water run-
off, and provide fish and wildlife habitat.
a. A planting plan prepared by a licensed landscape architect or an approved
biologist shall be submitted to the City for approval showing plant species, size, number and
spacing. The requirement for a landscape architect or biologist may be waived by the Director
for single family property owners (when planting is being required as mitigation for
construction of overwater structures or shoreline stabilization), if the property owner accepts
technical assistance from City staff.
b. Plants shall be installed from the OHWM to the upland edge of the River Buffer
unless site conditions would make planting unsafe.
c. Plantings close to and on the bank shall include native willows, red osier
dogwood and other native vegetation that will extend out over the water, to provide shade and
habitat functions when mature. Species selected must be able to withstand seasonal water level
fluctuations.
d. Minimum plant spacing in the buffer shall follow the River Buffer Vegetation
Planting Densities Table, shown in TMC Section 18.44.080(C)(2). Existing non- invasive plants
may be included in the density calculations.
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e. Irrigation for buffer plantings is required for at least two dry seasons or until
plants are established. An irrigation plan is to be included as part of the planting plan.
f. In the event a development project allows for setback and benching of the
shoreline along an existing levee or revetment, the newly created mid -slope bench area shall be
planted and maintained with a variety of native vegetation appropriate for site conditions.
River Buffer Vegetation Planting Densities
Plant Material Type
Stakes /cuttings along riverbank
(willows, red osier dogwood)
Shrubs
Trees
Groundcovers, grasses, sedges,
rushes, other herbaceous plants
Native seed mixes
Planting Density
1 -2 feet on center or per bioengineering method
I 3 -5 feet on center, depending on species
I 15 -20 feet on center, depending on species
1 -1.5 feet on center, depending on species
I 5 -25 pounds per acre, depending on species
3. Landscaping Requirements for the Urban Conservancy and High Intensity
Environments Outside of the River Buffer. For the portions of property within the Shoreline
Jurisdiction landward of the River Buffer, the landscape requirements in the "General" section
of this chapter and the requirements for the underlying zoning as established in TMC Chapter
18.52 shall apply except as indicated below.
a. Parking Lot Landscape Perimeters. One native tree for each 20 lineal feet of
required perimeter landscaping, one shrub for each four lineal feet of required perimeter
landscaping, and native groundcovers to cover 90% of the landscape area within three years,
planted at a minimum spacing of 12 inches on- center.
b. Interior Parking Lot Landscaping. Every 300 square feet of paved surface
requires ten square feet of interior landscaping within landscape islands separated by no more
than 150 feet between islands.
c. Landscaping shall be provided at yards not adjacent to the river, with the same
width as required in the underlying zoning district. This standard may be reduced as follows:
1) Where development provides public access corridor between off -site public
area(s) and public shoreline areas, side yard landscaping may be reduced by 25% to no less
than 3 feet; or
2) Where development provides additional public access area(s) (as allowed by
the High Intensity and Urban Conservancy Environment Development Standards) equal in
area to at least 2.5% of total building area, front yard landscaping may be reduced by 25
D. Vegetation Management in the Shoreline Jurisdiction. The requirements of this
section apply to all existing and new development within the Shoreline Jurisdiction.
1. Trees and shrubs may only be pruned for safety, to maintain view or access
corridors and trails by pruning up or on the sides of trees, to maintain clearance for utility lines,
and /or for improving shoreline ecological function. This type of pruning is exempt from any
permit requirements. Topping of trees is prohibited except where absolutely necessary to avoid
interference with existing utilities.
2. Plant debris from removal of invasive plants or pruning shall be removed from the
site and disposed of properly.
3. Use of pesticides:
a. Pesticides (including herbicides, insecticides, and fungicides) shall not be used in
the Shoreline Jurisdiction except where:
1) Alternatives such as manual removal, biological control, and cultural control
are not feasible given the size of the infestation, site characteristics, or the characteristics of the
invasive plant species;
2) The use of pesticides has been approved through a comprehensive
vegetation or pest management and monitoring plan;
3) The pesticide is applied in accordance with State regulations;
4) The proposed herbicide is approved for aquatic use by the U.S.
Environmental Protection Agency; and
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5) The use of pesticides in the Shoreline Jurisdiction is approved in writing by
the City and the applicant presents a copy of the Aquatic Pesticide Permit issued by the
Department of Ecology or Washington Department of Agriculture.
b. Self contained rodent bait boxes designed to prevent access by other animals are
allowed.
c. Sports fields, parks, golf courses and other outdoor recreational uses that involve
maintenance of extensive areas of turf shall provide and implement an integrated turf
management program or integrated pest management plan designed to ensure that water
quality in the river is not adversely impacted.
Section 9. Environmentally Sensitive Areas within the Shoreline Jurisdiction Adopted.
Updated requirements for shoreline regulations are hereby adopted to read as follows:
TMC 18.44.090 Environmentally Sensitive Areas within the Shoreline Jurisdiction.
A. Purpose.
1. The Growth Management Act (RCW 36.70A) requires protection of critical areas
(sensitive areas), defined as wetlands, watercourses, frequently flooded areas, geologically
hazardous areas, critical aquifer recharge areas, fish and wildlife conservation areas, and
abandoned mine areas.
2. The purpose of protecting environmentally sensitive areas within the Shoreline
Jurisdiction is to:
a. Minimize developmental impacts on the natural functions and values of these
areas.
b. Protect quantity and quality of water resources.
c. Minimize turbidity and pollution of wetlands and fish bearing waters and
maintain wildlife habitat.
d. Prevent erosion and the loss of slope and soil stability caused by the removal of
trees, shrubs, and the root systems of vegetative cover.
e. Protect the public against avoidable losses, public emergency rescue and relief
operations cost, and subsidy cost of public mitigation from landslide, subsidence, erosion and
flooding.
f. Protect the community's aesthetic resources and distinctive features of natural
lands and wooded hillsides.
g. Balance the private rights of individual property owners with the preservation of
environmentally sensitive areas.
h. Prevent the loss of wetland and watercourse function and acreage, and strive for
a gain over present conditions.
i. Give special consideration to conservation or protection measures necessary to
protect or enhance anadromous fisheries.
j. Incorporate the use of best available science in the regulation and protection of
sensitive areas as required by the State Growth Management Act, according to WAC 365 -195-
900 through 365 195 -925 and WAC 365 190 -080.
3. The goal of these sensitive area regulations is to achieve no net loss of wetland,
watercourse, or fish and wildlife conservation area or their functions.
B. Applicability, Maps and Inventories.
1. Sensitive areas located in the Shoreline Jurisdiction are regulated by the SMP and
this chapter. However, the level of protection for the sensitive areas located in the shoreline
jurisdiction shall be at least equal to that provided in the Sensitive Areas section of the Zoning
Code (TMC Chapter 18.45).
2. Sensitive areas currently identified in the Shoreline Jurisdiction are discussed in the
Shoreline Inventory and Characterization Report, which forms part of the City's SMP. The
locations are mapped on the "Sensitive Areas in the Shoreline Jurisdiction," Map 5. This map is
based on assessment of current conditions and review of the best available information.
However, additional sensitive areas may exist within the Shoreline Jurisdiction and the
boundaries of the sensitive areas shown are not exact. It is the responsibility of the property
owner to determine the presence of sensitive areas on the property and to verify the boundaries
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in the field. Sensitive area provisions for abandoned mine areas do not apply as none of these
areas is located in the Shoreline Jurisdiction.
3. Sensitive areas comprised of frequently flooded areas and areas of seismic instability
are regulated by the Flood Zone Management Code (TMC Chapter 16.52) and the Washington
State Building Code, rather than by Section 18.44.090 of this chapter.
C. Best Available Science. Policies, regulations and decisions concerning sensitive areas
shall rely on Best Available Science to protect the sensitive areas functions and values. Special
consideration must be given to the conservation or protection measures necessary to preserve
or enhance anadromous fish and their habitats. Nonscientific information may supplement
scientific information, but is not an adequate substitution for valid and available scientific
information.
D. Sensitive Area Studies. An applicant for a development proposal that may include a
sensitive area and /or its buffer shall submit those studies as required by the City and specified
below to adequately identify and evaluate the sensitive area and its buffers.
1. General Requirements
a. A required sensitive areas study shall be prepared by a person with experience
and training in the scientific discipline appropriate for the relevant sensitive area. A qualified
professional must have obtained a B.S. or B.A. or equivalent degree in ecology or related
science, engineering, environmental studies, fisheries, geotechnical or related field, and at least
two years of related work experience.
b. The sensitive areas study shall use scientifically valid methods and studies in the
analysis of sensitive area data and shall use field reconnaissance and reference the source of
science used. The sensitive areas study shall evaluate the proposal and all probable impacts to
sensitive areas.
c. It is intended that sensitive areas studies and information be utilized by
applicants in preparation of their proposals and therefore shall be undertaken early in the
design stages of a project.
2. Wetland, Watercourse and Fish and Wildlife Conservation Area Sensitive Area
Studies. At a minimum, the sensitive areas study shall contain the following information, as
applicable:
a. The name and contact information of the applicant, a description of the proposal,
and identification of the permit requested;
b. A copy of the site plan for the development proposal showing: sensitive areas
and buffers and the development proposal with dimensions, clearing limits, proposed
stormwater management plan, and mitigation plan for impacts due to drainage alterations;
c. The dates, names and qualifications of the persons preparing the study and
documentation of any fieldwork performed on the site;
d. Identification and characterization of all sensitive areas, water bodies, and
buffers adjacent to the proposed project area or potentially impacted by the proposed project;
e. A statement specifying the accuracy of the study and assumptions used in the
study;
f. Determination of the degree of impact and risk from the proposal both on the
site and on adjacent properties;
g. An assessment of the probable cumulative impacts to sensitive areas, their
buffers and other properties resulting from the proposal;
h. A description of reasonable efforts made to apply mitigation sequencing in order
to avoid, minimize and mitigate impacts to sensitive areas;
i. Plans for adequate mitigation to offset any impacts;
j. Recommendations for maintenance, short -term and long -term monitoring,
contingency plans and bonding measures; and
k. Any technical information required by the director to assist in determining
compliance.
3. Geotechnical Studies.
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a. A geotechnical study appropriate both to the site conditions and the proposed
development shall be required for development in Class 2, Class 3, and Class 4 Areas.
b. All studies shall include at a minimum a site evaluation, review of available
information regarding the site and a surface reconnaissance of the site and adjacent areas. For
Class 2 areas, subsurface exploration of site conditions is at the discretion of the geotechnical
consultant. In addition, for Class 3 and Class 4 Areas, the study shall include a feasibility
analysis for the use of infiltration on -site and a subsurface exploration of soils and hydrology
conditions. Detailed slope stability analysis shall be done if the geotechnical engineer
recommends it in Class 3 areas, and must be done in Class 4 areas.
c. Applicants shall retain a geotechnical engineer to prepare the reports and
evaluations required in this subsection. The geotechnical report and completed site evaluation
checklist shall be prepared in accordance with generally accepted geotechnical practices, under
the supervision of and signed and stamped by the geotechnical engineer. The report shall be
prepared in consultation with the appropriate City department. Where appropriate, a geologist
must be included as part of the geotechnical consulting team. The report shall make specific
recommendations concerning development of the site.
d. The opinions and recommendations contained in the report shall be supported
by field observations and, where appropriate or applicable, by literature review conducted by
the geotechnical engineer, which shall include appropriate explorations such as borings or test
pits, and an analysis of soil characteristics conducted by or under the supervision of the
engineer in accordance with standards of the American Society of Testing and Materials or
other applicable standards. If the evaluation involves geologic evaluations or interpretations,
the report shall be reviewed and approved by a geotechnical engineer.
4. Modifications or Waivers to Sensitive Area Study Requirements.
a. The Director may limit the required geographic area of the sensitive area study
as appropriate if:
1) The applicant, with assistance from the City, cannot obtain permission to
access properties adjacent to the project area; or
2) The proposed activity will affect only a limited part of the site.
b. The Director may allow modifications to the required contents of the study
where, in the judgment of a qualified professional, more or less information is required to
adequately address the potential sensitive area impacts and required mitigation.
c. If there is written agreement between the Director and the applicant concerning
the sensitive area classification and type, the Director may waive the requirement for sensitive
area studies provided that no adverse impacts to sensitive areas or buffers will result. There
must be substantial evidence that the sensitive areas delineation and classification are correct,
that there will be no detrimental impact to the sensitive areas or buffers, and that the goals,
purposes, objectives and requirements of the SMP will be followed.
E. Procedures. When an applicant submits an application for any building permit,
subdivision, short subdivision or any other land use review that approves a use, development
or future construction, the location and dimensions of all sensitive areas and buffers on the site
shall be indicated on the plans submitted. When a sensitive area is identified, the following
procedures apply.
1. The applicant shall submit the relevant sensitive area study as required by this
chapter.
2. The Department of Community Development will review the information submitted
in the sensitive area studies to verify the information, confirm the nature and type of the
sensitive area, and ensure the study is consistent with the Shoreline Master Program (SMP). At
the discretion of the Director, sensitive area studies may undergo peer review, at the expense of
the applicant.
3. Denial of use or development: A use or development will be denied if the Director
determines the applicant cannot ensure that potential dangers and costs to future inhabitants of
the development, adjacent properties, and Tukwila are minimized and mitigated to an
acceptable level.
4. Preconstruction meeting: The applicant, specialist(s) of record, contractor, and
department representatives will be required to attend pre construction meetings prior to any
work on the site.
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5. Construction monitoring: The specialist(s) of record shall be retained to monitor the
site during construction.
6. On -site Identification: The Director may require the boundary between a sensitive
area and its buffer or between the buffer and any development or use to be permanently
identified with fencing, or with a wood or metal sign with treated wood, concrete or metal
posts. Size will be determined at the time of permitting, and wording shall be as follows:
"Protection of this natural area is in your care. Do not alter or disturb. Please call the City of
Tukwila (206- 431 -3670) for more information."
F. Wetland Determinations and Classifications.
1. Wetlands and their boundaries are established by using the Washington State
Wetland and Delineation Manual, as required by RCW 36.70A.175 (Ecology Publication #96 -94)
and consistent with the 1987 Corps of Engineers Wetland Delineation Manual.
2. Wetland determinations shall be made by a qualified professional (certified Wetland
Scientist or non certified with at least two years of full -time work experience as a wetland
professional).
3. Wetland areas within the City of Tukwila have certain characteristics, functions and
values and have been influenced by urbanization and related disturbances. Wetland functions
include, but are not limited to the following: improving water quality; maintaining hydrologic
functions (reducing peak flows, decreasing erosion, groundwater); and providing habitat for
plants, mammals, fish, birds, and amphibians. Wetland functions shall be evaluated using the
Washington State Functional Assessment Method.
4. Wetlands shall be designated in accordance with the Washington State Wetlands
Rating system (Washington Department of Ecology, August 2004, Publication #93 -74) as
Category I, II, III or IV as listed below:
a. Category I wetlands are those that
1) represent a unique or rare wetland type; or
2) are more sensitive to disturbance than most wetlands; or
3) are relatively undisturbed and contain ecological attributes that are
impossible to replace within a human lifetime; or
4) provide a high level of functions. The following types of wetlands listed by
Washington Department of Ecology and potentially found in Tukwila's Shoreline Jurisdiction
are Category I
a) Estuarine wetlands (deepwater tidal habitats with a range of fresh
brackish- marine water chemistry and daily tidal cycles, salt and brackish marshes, intertidal
mudflats, mangrove swamps, bays, sounds, and coastal rivers).
b) Wetlands that perform many functions well and score at least 70 points in
the Western Washington Wetlands Rating System.
c) Waterfowl or shorebird areas designated by the State Department of Fish
and Wildlife.
b. Category II wetlands are difficult, though not impossible to replace and provide
high levels of some functions. These wetlands occur more commonly than Category I
wetlands, but still need a relatively high level of protection. Category II wetlands potentially in
Tukwila's Shoreline Jurisdiction include:
1) Estuarine Wetlands Any estuarine wetland smaller than an acre, or those
that are disturbed and larger than 1 acre are category II wetlands.
2) Wetlands that Perform Functions Well Wetlands scoring between 51 -69
points (out of 100) on the questions related to the functions present are Category II wetlands.
c. Category III wetlands have a moderate level of functions (scores between 30 -50
points). Wetlands scoring between 30 -50 points generally have been disturbed in some ways
and are often less diverse or more isolated from other natural resources in the landscape than
Category II wetlands.
d. Category IV wetlands have the lowest levels of functions (scores less than 30
points) and are often heavily disturbed. While these are wetlands that should be able to be
replaced or improved, they still need protection because they may provide some important
functions. Any disturbance of these wetlands must be considered on a case by case basis.
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G. Watercourse Designation and Ratings.
1. Watercourse ratings are based on the existing habitat functions and are rated as
follows:
a. Type 1 Watercourse: Watercourses inventoried as Shorelines of the State under
RCW 90.58 (Green /Duwamish River).
b. Type 2 Watercourse: Those watercourses that have either perennial (year round)
or intermittent flows and support salmonid fish use.
c. Type 3 Watercourse: Those watercourses that have perennial flows and are not
used by salmonid fish.
d. Type 4 Watercourse: Those watercourses that have intermittent flows and are
not used by salmonid fish.
2. Watercourse sensitive area studies shall be performed by a qualified professional
(hydrologist, geologist, engineer or other scientist with experience in preparing watercourse
assessments).
H. Fish and Wildlife Habitat Conservation Areas.
1. Fish and wildlife habitat conservation areas within the Shoreline Jurisdiction include
the habitats listed below:
a. Areas with which endangered, threatened, and sensitive species have a primary
association;
b. Habitats and species of local importance, including but not limited to bald eagle
habitat, heron rookeries, and osprey nesting areas;
c. Waters of the State (i.e., the Green/ Duwamish River itself);
d. State natural area preserves and natural resource conservation areas; and
e. Areas critical for habitat connectivity.
2. The approximate location and extent of known fish and wildlife habitat
conservation areas are identified in the Shoreline Inventory and Characterization Report and
are shown on the Sensitive Areas in the Shoreline Jurisdiction map. Only the salmon habitat
enhancement project sites completed or underway are shown as Fish and Wildlife
Conservation Areas on the Sensitive Areas in the Shoreline Jurisdiction Map. Streams are
shown as watercourses. The river is not shown as a Fish and Wildlife Habitat Conservation
Area for the sake of simplicity. Fish and Wildlife Habitat Conservation Areas correlate closely
with the areas identified as regulated watercourses and wetlands and their buffers, as well as
off channel habitat areas created to improve salmon habitat (shown on the Sensitive Areas
Map) in the Shoreline Jurisdiction. The Green /Duwamish River is recognized as the most
significant fish and wildlife habitat corridor. In addition, Gilliam Creek, Riverton Creek,
Southgate Creek, Hamm Creek (in the North Potential Annexation Area (PAA)), and Johnson
Creek (South FAA) all provide salmonid habitat.
I. Wetland Watercourse and Fish and Wildlife Habitat Conservation Area Buffers.
1. Purpose and Intent of Buffer Establishment.
a. A buffer area shall be established adjacent to designated sensitive areas. The
purpose of the buffer area shall be to protect the integrity, functions and values of the sensitive
areas. Any land alteration must be located out of the buffer areas as required by this section.
b. Buffers are intended in general to:
1) Minimize long -term impacts of development on properties containing
sensitive areas;
2) Protect sensitive areas from adverse impacts during development;
3) Preserve the edges of wetlands and the banks of watercourses and fish and
wildlife habitat conservation areas for their critical habitat value;
4) Provide an area to stabilize banks, to absorb overflow during high water
events and to allow for slight variation of aquatic system boundaries over time due to
hydrologic or climatic effects;
5) Provide shading to watercourses and fish and wildlife habitat conservation
areas to maintain stable water temperatures and provide vegetative cover for additional
wildlife habitat;
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6) Provide input of organic debris and nutrient transport in watercourses;
7) Reduce erosion and increased surface water run -off;
8) Reduce loss of or damage to property;
9) Intercept fine sediments from surface water run -off and serve to minimize
water quality impacts; and
10) Protect the sensitive area from human and domestic animal disturbances.
2. Establishment of Buffer Widths. The following standard buffers shall be established:
a. Wetland buffers (measured from the wetland edge):
1) Category I and II Wetland: 100 -foot buffer.
2) Category III Wetland: 80 -foot buffer.
3) Category IV Wetland: 50 -foot buffer.
b. Watercourse buffers (measured from the OHWM):
1) Type 1 Watercourse: The buffer width for the Green Duwamish River is
established in the Shoreline Environment Designations of this SMP for the three designated
shoreline environments.
2) Type 2 Watercourse: 100- foot -wide buffer.
3) Type 3 Watercourse: 80- foot -wide buffer.
4) Type 4 Watercourse: 50- foot -wide buffer.
c. Fish and Wildlife Habitat Conservation Areas: The buffer will be the same as the
river buffer established for each Shoreline Environment measured from the OHWM, unless an
alternate buffer is established and approved at the time a fish and wildlife habitat restoration
project is undertaken.
3. Sensitive Area Buffer Setbacks. All commercial and industrial buildings shall be set
back 15 feet and all other development shall be set back ten feet from the sensitive area buffer's
edge. The building setbacks shall be measured from the foundation to the buffer's edge.
Building plans shall also identify a 20 -foot area beyond the buffer setback within which the
impacts of development will be reviewed. The Director may waive setback requirements when
a site plan demonstrates there will be no adverse impacts to the buffer from construction or
occasional maintenance activities.
4. Reduction of Standard Buffer Width. Except for the Green /Duwamish River (Type 1
watercourse for which any variation in the buffer shall be regulated under the shoreline
provisions of this program), the buffer width may be reduced on a case -by -case basis, provided
the reduced buffer area does not contain slopes 15% or greater. In no case shall the approved
buffer width result in greater than a 50% reduction in width. Buffer reduction with
enhancement may be allowed as part of a Substantial Development Permit if:
a. Additional protection to wetlands or watercourses will be provided through the
implementation of a buffer enhancement plan;
b. The existing condition of the buffer is degraded;
c. Buffer enhancement includes, but is not limited to, the following:
1) Planting vegetation that would increase value for fish and wildlife habitat or
improve water quality;
2) Enhancement of wildlife habitat by incorporating structures that are likely to
be used by wildlife, including wood duck boxes, bat boxes, snags, root wads /stumps,
birdhouses and heron nesting areas; or
3) Removing non -native plant species and noxious weeds from the buffer area
and replanting the area.
5. Increase in Standard Buffer Width. Buffers for sensitive areas will be increased when
they are determined to be particularly sensitive to disturbance or the proposed development
will create unusually adverse impacts. Any increase in the width of the buffer shall be required
only after completion of a sensitive areas study by a qualified biologist that documents the
basis for such increased width. An increase in buffer width may be appropriate when:
a. The development proposal has the demonstrated potential for significant
adverse impacts upon the sensitive area that can be mitigated by an increased buffer width; or
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b. The area serves as habitat for endangered, threatened, sensitive or monitor
species listed by the federal government or the State.
6. Maintenance of Vegetation in Buffers. Every reasonable effort shall be made to
maintain any existing viable native plant life in the buffers. Vegetation may be removed from
the buffer as part of an enhancement plan approved by the Director. Enhancements will ensure
that slope stability and wetland or watercourse quality will be maintained or improved. Any
disturbance of the buffers shall be replanted with a diverse plant community of native
northwest species that are appropriate for the specific site as determined by the Director. If the
vegetation must be removed, or the vegetation becomes damaged or dies because of the
alterations of the landscape, then the applicant for a permit must replace existing vegetation
with comparable specimens, approved by the Director, which will restore buffer functions
within five years.
Areas of Potential Geologic Instability.
1. Classification. Areas of potential geologic instability are classified as follows:
a. Class 1 areas, where landslide potential is low, and which slope is less than 15
b. Class 2 areas, where landslide potential is moderate, which slope is between 15%
and 40%, and which are underlain by relatively permeable soils;
c. Class 3 areas, where landslide potential is high, which include areas sloping
between 15% and 40 and which are underlain by relatively impermeable soils or by bedrock,
and which also include all areas sloping more steeply than 40
d. Class 4 areas, where landslide potential is very high, which include sloping areas
with mappable zones of groundwater seepage, and which also include existing mappable
landslide deposits regardless of slope.
2. Exemptions. The following areas are exempt from regulation as geologically
hazardous areas:
a. Temporary stockpiles of topsoil, gravel, beauty bark or other similar landscaping
or construction materials.
b. Slopes related to materials used as an engineered pre -load for a building pad.
c. Any temporary slope that has been created through legal grading activities
under an approved permit may be re- graded.
d. Roadway embankments within right -of -way or road easements.
e. Slopes retained by approved engineered structures, except riverbank structures
and armoring.
3. Geotechnical Study Required.
a. Development or alterations to areas of potential geologic instability that form the
riverbanks shall be governed by the policies and requirements of the Shoreline Stabilization
Section of this chapter. Development proposals on all other lands containing or threatened by
an area of potential geologic instability Class 2 or higher shall be subject to a geotechnical
study. The geotechnical report shall analyze and make recommendations on the need for and
width of any setbacks or buffers necessary to insure slope stability. Development proposals
shall then include the buffer distances as defined within the geotechnical report. The
geotechnical study shall be performed by a qualified professional geotechnical engineer,
licensed in the State of Washington.
b. Prior to permitting alteration of an area of potential geologic instability, the
applicant must demonstrate one of the following:
1) There is no evidence of past instability or earth movement in the vicinity of
the proposed development and, where appropriate, quantitative analysis of slope stability
indicates no significant risk to the proposed development or surrounding properties; or
2) The area of potential geologic instability can be modified or the project can
be designed so any potential impact to the project and surrounding properties is eliminated,
slope stability is not decreased, and the increase in surface water discharge or sedimentation
shall not decrease slope stability.
4. Buffers for Areas of Potential Geologic Instability.
a. Buffers are intended to:
J.
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1) Minimize long -term impacts of development on properties containing
sensitive areas;
2) Protect sensitive areas from adverse impacts during development;
3) Prevent loading of potentially unstable slope formations;
4) Protect slope stability;
5) Provide erosion control and attenuation of precipitation, surface water and
stormwater runoff;
6) Reduce loss of or damage to property; and
7) Prevent the need for future shoreline armoring.
b. Buffers may be increased by the Director when an area is determined to be
particularly sensitive to the disturbance created by a development. Such a decision will be
based on a City review of the report as prepared by a qualified geotechnical engineer and by a
site visit.
5. Additional Requirements.
a. Where any portion of an area of potential geologic instability is cleared for
development, a Iandscaping plan for the site shall include tree replanting in accordance with
the Vegetation Protection and Landscaping Section of this SMP. Vegetation shall be sufficient
to provide erosion and stabilization protection.
b. It shall be the responsibility of the applicant to submit, consistent with the
findings of the geotechnical report, structural plans that were prepared and stamped by a
structural engineer. The plans and specifications shall be accompanied by a letter from the
geotechnical engineer who prepared the geotechnical report stating that in his /her judgment,
the plans and specifications conform to the recommendations in the geotechnical report, the
risk of damage to the proposed development site from soil instability will be minimal subject to
the conditions set forth in the report, and the proposed development will not increase the
potential for soil movement.
c. Further recommendations signed and sealed by the geotechnical engineer shall
be provided should there be additions or exceptions to the original recommendations based on
the plans, site conditions or other supporting data. If the geotechnical engineer who reviews the
plans and specifications is not the same engineer who prepared the geotechnical report, the
new engineer shall, in a letter to the City accompanying the plans and specifications, express
his or her agreement or disagreement with the recommendations in the geotechnical report and
state that the plans and specifications conform to his or her recommendations.
d. The architect or structural engineer shall submit to the City, with the plans and
specifications, a letter or notation on the design drawings at the time of permit application
stating that he or she has reviewed the geotechnical report, understands its recommendations,
has explained or has had explained to the owner the risks of loss due to slides on the site, and
has incorporated into the design the recommendations of the report and established measures
to reduce the potential risk of injury or damage that might be caused by any earth movement
predicted in the report.
e. The owner shall execute a Sensitive Areas Covenant and Hold Harmless
Agreement running with the land, on a form provided by the City. The City will file the
completed covenant with the King County Department of Records and Elections at the expense
of the applicant or owner. A copy of the recorded covenant will be forwarded to the owner.
f. Whenever the City determines that the public interest would not be served by
the issuance of a permit in an area of potential geologic instability without assurance of a
means of providing for restoration of areas disturbed by, and repair of property damage caused
by, slides arising out of or occurring during construction, the Director may require assurance
devices.
g. Where recommended by the geotechnical report, the applicant shall retain a
geotechnical engineer (preferably retain the geotechnical engineer who prepared the final
geotechnical recommendations and reviewed the plans and specifications) to monitor the site
during construction. If a different geotechnical engineer is retained, the new geotechnical
engineer shall submit a letter to the City stating whether or not he /she agrees with the opinions
and recommendations of the original study. Further recommendations, signed and sealed by
the geotechnical engineer, and supporting data shall be provided should there be exceptions to
the original recommendations.
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h. During construction the geotechnical engineer shall monitor compliance with
the recommendations in the geotechnical report, particularly site excavation, shoring, soil
support for foundations including piles, subdrainage installations, soil compaction and any
other geotechnical aspects of the construction. Unless otherwise approved by the City, the
specific recommendations contained in the soils report must be implemented. The geotechnical
engineer shall provide to the City written, dated monitoring reports on the progress of the
construction at such timely intervals as shall be specified. Omissions or deviations from the
approved plans and specifications shall be immediately reported to the City. The final
construction monitoring report shall contain a statement from the geotechnical engineer that,
based upon his or her professional opinion, site observations and testing during the monitoring
of the construction, the completed development substantially complies with the
recommendations in the geotechnical report and with all geotechnical- related permit
requirements. Occupancy of the project will not be approved until the report has been reviewed
and accepted by the Director.
i. Substantial weight shall be given to ensuring continued slope stability and the
resulting public health, safety and welfare in determining whether a development should be
allowed.
j. The City may impose conditions that address site -work problems which could
include, but are not limited to, limiting all excavation and drainage installation to the dry
season, or sequencing activities such as installing erosion control and drainage systems well in
advance of construction. A permit will be denied if it is determined by the Director that the
development will increase the potential of soil movement that results in an unacceptable risk of
damage to the proposed development, its site or adjacent properties.
K. Sensitive Areas Permitted Uses and Alterations.
1. General Sensitive Areas Permitted Uses. All uses permitted in the Shoreline
Jurisdiction buffers are allowed in sensitive areas within the jurisdiction except:
a. Promenades
b. Recreational structures
c. Public pedestrian bridges
d. Vehicle bridges
e. New utilities
f. Plaza connectors
g. Water dependent uses and their structures
h. Essential streets, roads and rights -of -way
i. Essential public facilities
j. Outdoor storage
2. In addition, the following uses are allowed:
a. Maintenance activities of existing landscaping and gardens in a sensitive area
buffer including, but not limited to, mowing lawns, weeding, harvesting and replanting of
garden crops and pruning and planting of vegetation. The removal of established native trees
and shrubs is not permitted. Herbicide use in sensitive areas or their buffers is not allowed
without written permission of the City.
b. Vegetation maintenance as part of sensitive area enhancement, creation or
restoration. Herbicide use in sensitive areas or their buffers is not allowed without written
permission of the City.
3. Uses Requiring a Type II permit.
a. Maintenance and repair of existing uses and facilities where alteration or
additional fill materials will be placed or heavy construction equipment used.
b. Construction of new essential streets and roads, rights -of -way and utilities.
c. New surface water discharges to sensitive areas or their buffers from detention
facilities, presettlement ponds or other surface water management structures may be allowed
provided the discharge meets the clean water standards of RCW 90.48 and WAC 173.200 and
173.201 as amended, and does not adversely affect water level fluctuations in the wetland or
adversely affect watercourse habitat and watercourse flow conditions relative to the existing
rate.
d. Plaza connectors.
e. Essential public facilities.
f. Overwater structures.
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g. Recreation structures.
4. Conditional Uses. Dredging, where necessary to remediate contaminated sediments,
if adverse impacts are mitigated, may be permitted.
5. Wetland Alterations. Alterations to wetlands are discouraged, are limited to the
minimum necessary for project feasibility, and must have an approved mitigation plan
developed in accordance with the standards in this chapter.
a. Mitigation for wetlands shall follow the mitigation sequencing steps in this
chapter and may include the following types of actions:
1) Creation the manipulation of the physical, chemical or biological
characteristics to develop a wetland on an upland or deepwater site, where a biological wetland
did not previously exist;
2) Re- establishment the manipulation of the physical, chemical or biological
characteristics of a site with the goal of restoring wetland functions to a former wetland,
resulting in a net increase in wetland acres and functions;
3) Rehabilitation the manipulation of the physical, chemical, or biological
characteristics with the goal of repairing historic functions and processes of a degraded
wetland, resulting in a gain in wetland function but not acreage;
4) Enhancement the manipulation of the physical, chemical or biological
characteristics to heighten, intensify, or improve specific functions (such as vegetation) or to
change the growth stage or composition of the vegetation present, resulting in a change in
wetland functions but not in a gain in wetland acreage; or
5) A combination of the three types.
b. Allowed alterations per wetland type and mitigation ratios are as follows:
1) Alterations are not permitted to Category I or II wetlands unless specifically
exempted under the provisions of this Program. Mitigation will still be required at a rate of 3:1
for creation or re- establishment, 4;1 for rehabilitation, and 6:1 for enhancement.
2) Alterations to Category III wetlands are prohibited except where the location
or configuration of the wetland provides practical difficulties that can be resolved by modifying
up to .10 (one tenth) of an acre of wetland. Mitigation for any alteration to a Category III
wetland must be located contiguous to the altered wetland. Mitigation for any alteration to a
Category III wetland must be provided at a ratio of 2:1 for creation or re- establishment, 4:1 for
rehabilitation and 8:1 for enhancement alone.
3) Alterations to Category IV wetlands are allowed, where unavoidable and
adequate mitigation is carried out in accordance with the standards of this section. Mitigation
for alteration to a Category IV wetland will be 1.5:1 for creation or re- establishment and 3:1 for
rehabilitation or enhancement.
4) Isolated wetlands formed on fill material in highly disturbed environmental
conditions and assessed as having low overall wetland functions (scoring below 20 points) may
be altered and /or relocated with the permission of the Director. These wetlands may include
artificial hydrology or wetlands unintentionally created as the result of construction activities.
The determination that a wetland is isolated is made by the US Army Corps of Engineers.
6. Watercourse Alterations. All impacts to a watercourse that degrade the functions
and values of the watercourse shall be avoided. If alteration to the watercourse is unavoidable,
all adverse impacts shall be mitigated in accordance with the approved mitigation plan as
described in this chapter. Mitigation shall take place on -site or as close as possible to the
impact location, and compensation shall be at a minimum 1:1 ratio. Any mitigation shall result
in improved watercourse functions over existing conditions.
a. Diverting or rerouting may only occur with the permission of the Director and
an approved mitigation plan. Any watercourse that has critical wildlife habitat or is necessary
for the life cycle or spawning of salmonids shall not be rerouted, unless it can be shown that the
habitat will be improved for the benefit of the species. A watercourse may be rerouted or day
lighted as a mitigation measure to improve watercourse function.
b. Piping of any watercourse should be avoided. Relocation of a watercourse is
preferred to piping; if piping occurs in a watercourse sensitive area, it shall be limited and shall
require approval of the Director. Piping of Type 1 watercourses shall not be permitted. Piping
may be allowed in Type 2, 3 or 4 watercourses if it is necessary for access purposes. Piping may
be allowed in Type 4 watercourses if the watercourse has a degraded buffer, is located in a
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highly- developed area and does not provide shade, temperature control, etc. for habitat. The
applicant must comply with the conditions of this section, including: providing excess capacity
to meet needs of the system during a 100 -year flood event, and providing flow restrictors and
complying with water quality and existing habitat enhancement procedures.
c. No process that requires maintenance on a regular basis will be acceptable
unless this maintenance process is part of the regular and normal facilities maintenance process
or unless the applicant can show funding for this maintenance is ensured for as long as the use
remains.
standards:
on site;
d. Piping projects shall be performed pursuant to the following applicable
1) The conveyance system shall be designed to comply with the standards in
current use and recommended by the Department of Public Works.
2) Where allowed, piping shall be limited to the shortest length possible as
determined by the Director to allow access onto a property.
3) Where water is piped for an access point, those driveways or entrances shall
be consolidated to serve multiple properties where possible, and to minimize the length of
piping.
4) When required by the Director, watercourses under drivable surfaces shall
be contained in an arch culvert using oversize or super span culverts for rebuilding of a
streambed. These shall be provided with check dams to reduce flows, and shall be replanted
and enhanced according to a plan approved by the Director.
5) All watercourse crossing shall be designed to accommodate fish passage.
Watercourse crossings shall not block fish passage where the streams are fish bearing.
6) Stormwater run -off shall be detained and infiltrated to preserve the
watercourse channel's dominant discharge.
7) All construction shall be designed to have the least adverse impact on the
watercourse, buffer and surrounding environment.
8) Piping shall be constructed during periods of low flow, or as allowed by the
State Department of Fish and Wildlife.
9) Water quality must be as good or better for any water exiting the pipe as for
the water entering the pipe, and flow must be comparable.
7. Fish and Wildlife Conservation Area Alterations. Alterations to the
Green/ Duwamish River are regulated by the shoreline provisions of this SMP. Alterations to
Fish and Wildlife Conservation Areas that have been created as restoration or habitat
enhancement sites and are shown on the Sensitive Areas in the Shoreline Jurisdiction Map are
prohibited and may only be authorized through a shoreline variance procedure.
L. Sensitive Areas Mitigation. Mitigation shall be required for any proposals for
dredging, filling, piping, diverting, relocation or other alterations of sensitive areas as allowed
in this chapter and in accordance with mitigation sequencing and the established mitigation
ratios. The mitigation plan shall be developed as part of a sensitive area study by a qualified
specialist.
1. Mitigation Sequencing. Applicants shall demonstrate that reasonable efforts have
been examined with the intent to avoid and minimize impacts to sensitive areas and buffers.
When an alteration to a sensitive area or its required buffer is proposed, such alteration shall be
avoided, minimized or compensated for in the following order of preference:
a. Avoidance of sensitive area and buffer impacts, whether by finding another site
or changing the location of the proposed activity on -site;
b. Minimizing sensitive area and buffer impacts by limiting the degree of impact
c. Mitigation actions that require compensation by replacing, enhancing, or
substitution.
2. Criteria for Approval of Alterations and Mitigation. Alterations and mitigation plans
are subject to Director approval and may be approved only if the following findings are made:
a. The alteration will not adversely affect water quality;
b. The alteration will not adversely affect fish, wildlife, or their habitat;
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c. The alteration will not have an adverse effect on drainage and /or stormwater
detention capabilities;
d. The alteration will not lead to unstable earth conditions or create an erosion
hazard or contribute to scouring actions;
e. The alteration will not be materially detrimental to any other property;
f. The alteration will not have adverse effects on any other sensitive areas or the
shoreline; and
g. The mitigation will result in improved functions such as water quality, erosion
control, and wildlife and fish habitat.
3. Mitigation Location.
a. On -site mitigation shall be provided, except where it can be demonstrated that:
1) On -site mitigation is not scientifically feasible due to problems with
hydrology, soils, or other factors; or
2) Mitigation is not practical due to potentially adverse impacts from
surrounding land uses; or
3) Existing functional values created at the site of the proposed restoration are
significantly greater than lost sensitive area functions; or
4) Established regional goals for flood storage, flood conveyance, habitat or
other sensitive area functions have been established and strongly justify location of mitigation
at another site.
b. Off -site mitigation shall occur within the Shoreline Jurisdiction in a location
where the sensitive area functions can be restored. Buffer impacts must be mitigated at or as
close as possible to the location of the impact.
c. Wetland creation, relocation of a watercourse, or creation of a new fish and
wildlife habitat shall not result in the new sensitive area or buffer extending beyond the
development site and onto adjacent property without the agreement of the affected property
owners, unless otherwise exempted by this SMP.
4. Mitigation Plan Content and Standards. The scope and content of a mitigation plan
shall be decided on a case -by -case basis. As the impacts to the sensitive area increase, the
mitigation measures to offset these impacts will increase in number and complexity. The
minimum components of a complete mitigation plan are listed below. For wetland mitigation
plans, the format should follow that established in "Wetland Mitigation in Washin State.
Part 2 Develooing Mitigation Plans (Washington Department of Ecology, Corps of Engineers,
EPA, March 2006, as amended)."
a. Baseline information of quantitative data collection or a review and synthesis of
existing data for both the project impact zone and the proposed mitigation site.
b. Environmental goals and objectives that describe the purposes of the mitigation
measures. This should include a description of site selection criteria, identification of target
evaluation species, and resource functions.
c. Performance standards for the specific criteria for fulfilling environmental goals
and for beginning remedial action or contingency measures. They may include water quality
standards, species richness and diversity targets, habitat diversity indices, or other ecological,
geological or hydrological criteria. The following shall be considered the minimum
performance standards for approved sensitive area alterations:
1) Sensitive area functions and improved habitat for fish and wildlife are
improved over those of the original conditions.
2) Hydrologic conditions, hydroperiods and watercourse channels are
improved over existing conditions and the specific performance standards specified in the
approved mitigation plan are achieved.
3) Acreage requirements for enhancement or creation are met.
4) Vegetation native to the Pacific Northwest is installed and vegetation
survival and coverage standards over time are met and maintained.
5) Buffer and bank conditions and functions exceed the original state.
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6) Stream channel habitat and dimensions are maintained or improved such
that the fisheries habitat functions of the compensatory stream reach, meet or exceed that of the
original stream.
d. A detailed construction plan of the written specifications and descriptions of
mitigation techniques. This plan should include the proposed construction sequence and
construction management, and be accompanied by detailed site diagrams and blueprints that
are an integral requirement of any development proposal.
e. Monitoring and /or evaluation program that outlines the approach and
frequency for assessing progress of the completed project. An outline shall be included that
spells out how the monitoring data will be evaluated and reported.
f. Maintenance plan that outlines the activities and frequency of maintenance to
ensure compliance with performance standards.
g. Contingency plan identifying potential courses of action and any corrective
measures to be taken when monitoring or evaluation indicates project performance standards
have not been met.
h. Performance security or other assurance devices.
5. Mitigation Timing.
a. Mitigation projects shall be completed prior to activities that will permanently
disturb sensitive areas or their buffers and either prior to or immediately after activities that
will temporarily disturb sensitive areas.
b. Construction of mitigation projects shall be timed to reduce impacts to existing
wildlife, flora and water quality, and shall be completed prior to use or occupancy of the
activity or development. The Director may allow activities that permanently disturb wetlands
or watercourses prior to implementation of the mitigation plan under the following
circumstances:
conditions;
phasing.
1) To allow planting or re- vegetation to occur during optimal weather
2) To avoid disturbance during critical wildlife periods; or
3) To account for unique site constraints that dictate construction timing or
c. Monitoring of buffer alterations shall be required for three to five years. All other
alterations shall be monitored for a minimum of five years.
6. Corrective Actions and Monitoring. The Director shall require subsequent corrective
actions and long -term monitoring of the project if adverse impacts to regulated sensitive areas
or their buffers are identified.
7. Recording. The property owner receiving approval of a use or development
pursuant to the SMP shall record the City- approved site plan clearly delineating the sensitive
area and its buffer with the King County Division of Records and Elections. The face of the site
plan must include a statement that the provisions of this chapter, as of the effective date of the
ordinance from which the SMP derives or is thereafter amended, control use and development
of the subject property and provide for any responsibility of the latent defects or deficiencies.
8. Assurance Device.
a. The Director may require a letter of credit or other security device acceptable to
the City to guarantee performance and maintenance requirements. All assurances shall be on a
form approved by the City Attorney.
b. When alteration of a sensitive area is approved, the Director may require an
assurance device, on a form approved by the City Attorney, to cover the monitoring costs and
correction of possible deficiencies for the term of the approved monitoring and maintenance
program.
c. The assurance device shall be released by the Director upon receipt of written
confirmation submitted to the Department from the applicant's qualified professional that the
mitigation or restoration has met its performance standards and is successfully established.
Should the mitigation or restoration meet performance standards and be successfully
established in the third or fourth year of monitoring, the City may release the assurance device
early. The assurance device may be held for a longer period, if at the end of the monitoring
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period if, the performance standards have not been met or the mitigation has not been
successfully established.
d. Release of the security does not absolve the property owner of responsibility for
maintenance or correcting latent defects or deficiencies or other duties under law.
Section 10. Public Access to the Shoreline Adopted. Updated requirements for shoreline
regulations are hereby adopted to read as follows:
TMC 18.44.100 Public Access to the Shoreline
A. Applicability.
1. Public access shall be provided on all property that abuts the Green /Duwamish
River shoreline in accordance with this section as further discussed below where any of the
following conditions are present
a. Where a development or use will create increased demand for public access to
the shoreline, the development or use shall provide public access to mitigate this impact. For
the purposes of this section, an "increase in demand for public access" is determined by
evaluating whether the development reflects an increase in the land use intensity (for example
converting a warehouse to office or retail use), or a significant increase in the square footage of
an existing building. A significant increase is defined as an increase of 3,000 square feet.
b. Where a development or use will interfere with an existing public access way,
the development or use shall provide public access to mitigate this impact. Impacts to public
access may include blocking access or discouraging use of existing on -site or nearby accesses.
c. Where a use or development will interfere with a public use of lands or waters
subject to the public trust doctrine, the development shall provide public access to mitigate this
impact.
d. Where the development is proposed by a public entity or on public lands.
e. Where identified on the Shoreline Public Access Map.
2. For the purposes of this section, an "increase in demand for public access" is
determined by evaluating whether the development reflects an increase in the land use
intensity, for example converting a warehouse to office or retail use, or a significant increase in
the square footage of an existing building. A significant increase is defined as an increase of
3,000 square feet. The extent of public access required will be proportional to the amount of
increase in the demand for public access. For smaller projects, the Director will review the
intent of this section and the scope of the project to determine a reasonable amount of public
access to be carried out. Depending on the amount of increase, the project may utilize the
alternative provisions for meeting public access in 18.44.1OO(F). The terms and conditions of
18.44.10O(A) and (B) shall be deemed satisfied if the applicant and the City agree upon a master
trail plan providing for public paths and trails within a parcel or group of parcels.
3. The provisions of this section do not apply to the following:
a. Short plats of four or fewer lots;
b. Where providing such access would cause unavoidable health or safety hazards;
c. Where providing such access would create inherent and unavoidable security
problems; or
d. Where providing such access would cause significant ecological impacts that
cannot be mitigated.
An applicant claiming an exemption under items 2(b) -(d) above must comply with
the procedures in TMC Section 18.44.100(F).
B. General Standards.
1. To improve public access to the Green /Duwamish River, sites shall be designed to
provide:
a. Safe, visible and accessible pedestrian and non motorized vehicle connections
between proposed development and the river's edge, particularly when the site is adjacent to
the Green River Trail or other approved trail system; and
b. Public pathway entrances that are clearly visible from the street edge; and
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c. Clearly identified pathways that are separate from vehicular circulation areas.
This may be accomplished through the use of special paving materials such as precast pavers,
bomonite, changes in color or distinct and detailed scoring patterns and textures.
d. Site elements that are organized to clearly distinguish between public and
private access and circulation systems.
2. Required public access shall be fully developed and available for public use at the
time of occupancy in accordance with development permit conditions except where the
decision maker determines an appropriate mechanism for delayed public access
implementation is necessary for practical reasons. Where appropriate, a bond or cash
assignment may be approved, on review and approval by the Director of Community
Development, to extend this requirement for 90 days from the date the Certificate of Occupancy
is issued.
3. Public access easements and related permit conditions shall be recorded on the deed
of title or the face of the plat, short plat or approved site plan as a condition tied to the use of
the land. Recording with the County shall occur prior to the issuance of an Occupancy Permit
or final plat approval. Upon re- development of such a site, the easement may be relocated to
facilitate the continued public access to the shoreline.
4. Approved signs indicating the public's right of access and hours of access, if
restricted, shall be constructed, installed and maintained by the applicant in conspicuous
locations at public access sites. Signs should be designed to distinguish between public and
private areas. Signs controlling or restricting public access may be approved as a condition of
permit approval.
5. Required access must be maintained throughout the life of the project.
6. Public access features shall be separated from residential uses through the use of
setbacks, low walls, berms, landscaping, or other device of a scale and materials appropriate to
the site.
7. Shared public access between developments is encouraged. Where access is to be
shared between adjacent developments, the minimum width for the individual access easement
may be reduced, provided the total width of easements contributed by each adjacent
development equals a width that complies with Fire Department requirements and /or exceeds
the minimum for an individual access.
8. Public access sites shall be connected directly to the nearest public area (e.g., street,
public park, or adjoining public access easement). Where connections are not currently
possible, the site shall be designed to accommodate logical future connections.
C. Requirements for Shoreline Trails.
Where public access is required under TMC Section 18.44.100(A)1 above, the
requirement will be met by provision of a shoreline trail as follows:
1. Development on Properties Abutting Existing Green River Trail. An applicant
seeking to develop property abutting the existing trail mayshall meet public access
requirements by upgrading the trail along the property frontage to meet the standards of a 14-
foot- wide trail with 2 -foot shoulders on each side.
2. Development on Properties Where New Trails are Planned. An applicant seeking to
develop property abutting the river in areas identified for new shoreline trail segments
mayshall meet public access requirements by dedicating an 18- foot -wide trail easement to the
City for public access along the river.
D. Publicly -Owned Shorelines.
1. Shoreline development by any public entities, including but not limited to the City
of Tukwila, King County, port districts, state agencies, or public utility districts, shall include
public access measures as part of each development project, unless such access is shown to be
incompatible due to reasons of safety, security, impact to the shoreline environment or other
provisions listed in this section.
2. The following requirements apply to street ends and City-owned property adjacent
to the river.
a. Public right -of -way and "road- ends," or portions thereof, shall not be vacated
and shall be maintained for future public access.
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b, Unimproved right -of -ways and portions of right -of -ways, such as street ends
and turn -outs, shall be dedicated to public access uses until such time as the portion becomes
improved right -of -way. Uses shall be limited to passive outdoor recreation, car top boat
launching, fishing, interpretive /educational uses, and /or parking, which accommodates these
uses, and shall be designed so as to not interfere with the privacy of adjacent residential uses.
c. City-owned facilities within the Shoreline Jurisdiction shall provide new trails
and trail connections to the Green River Trail in accordance with approved plans and this SMP.
d. All City-owned recreational facilities within the Shoreline Jurisdiction, unless
qualifying for an exemption as specified in this chapter, shall make adequate provisions for:
1) Non motorized and pedestrian access;
2) The prevention of trespass onto adjacent properties through landscaping,
fencing or other appropriate measures;
3) Signage indicating the public right -of -way to shoreline areas; and
4) Mechanisms to prevent environmental degradation of the shoreline from
public use.
E. Public Access Incentives.
1. The minimum yard setback for buildings, uses, utilities or development from non-
riverfront lot lines may be reduced as follows:
a. Where a development provides a public access corridor between off -site areas, or
public shoreline areas to public shoreline areas, one side yard may be reduced to a zero lot line
placement; or
b. Where a development provides additional public access area(s) equal in area to
at least 2.5% of total building area, the front yard (the landward side of the development) may
be reduced by 50
2. The maximum height for structures may be increased by 15% when:
a. Development devotes at least 5% of its building or land area to public shoreline
access; or
b. Development devotes at least 10% of its land area to employee shoreline access.
3. The maximum height for structures under 18.44.070(C)3 and this section may be
increased by a maximum of 25% when:
a. One of the criteria in 18.44.100(E)2 is met; and
b. The applicant restores or enhances the entire shoreline buffer, including, but not
limited to, paved areas no longer in use on the property to offset the impact of the increase in
height. Buffer restoration /enhancement projects undertaken to meet the requirements of TMC
Section 18.44.100(F) do not qualify as restoration or enhancement for purposes of the height
incentive provided in this subsection.
c. No combination of incentives may be used to gain more than a 25% total height
increase for a structure.
4. The maximum height for structures may be increased to the height permitted in
the underlying zoning district for properties that construct a 14- foot -wide paved trail with a 2-
foot -wide shoulder on each side for public access along the river in areas identified for new
shoreline trail segments, or where, in the case of properties containing or abutting existing
public access trails, the existing trail either meets the standard of a 14- foot -wide trail with 2-
foot -wide shoulders on either side or the property owner provides any necessary easements
and improvements to upgrade the existing trail to that standard along the property frontage.
F. Exemptions from Provision of On -Site Public Access.
1. Requirements for providing on -site general public access, as distinguished from
employee access, will not apply if the applicant can demonstrate one or more of the following:
a. Unavoidable health or safety hazards to the public exist related to the primary
use that cannot be prevented by any practical means.
b. Inherent security requirements of the use cannot be satisfied through the
application of alternative design features or other solutions.
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c. The cost of providing the access, easement or other public amenity on or off the
development site is unreasonably disproportionate to the total long -term cost of the proposed
development.
d. Unavoidable environmental harm or net loss of shoreline ecological functions
that cannot be adequately mitigated will result from the public access.
e. Access is not feasible due to the configuration of existing parcels and structures,
such that access areas are blocked in a way that cannot be remedied reasonably by the
proposed development.
f. Significant undue and unavoidable conflict between the proposed access and
adjacent uses would occur and cannot be mitigated.
g. Space is needed for water dependent uses or navigation.
2. In order to meet any of the above referenced conditions, the applicant must first
demonstrate, and the City determine in its findings through a Type II decision, that all
reasonable alternatives have been exhausted including, but not limited to:
a. Regulating access by such means as maintaining a gate and /or limiting hours of
use;
b. Designing separation of uses and activities through fencing, terracing, hedges or
other design features; or
c. Providing access on a site geographically separate from the proposal such as a
street end cannot be accomplished.
3. If the above conditions are demonstrated, and the proposed development is not
subject to the Parks Impact Fee, alternative provisions for meeting public access are required
and include:
a. Development of public access at an adjacent street end; or
b. Protection through easement or setbacks of landmarks, unique natural features
or other areas valuable for their interpretive potential; or
c. Contribution of materials and /or labor toward projects identified in the Parks
and Recreation Master Plan, the Shoreline Restoration Plan, or other City adopted plan; or
d. In lieu of providing public access under this section, at the Director's discretion,
the applicant may provide restoration /enhancement of the shoreline jurisdiction to a scale
commensurate with the foregone public access.
Section 11. Shoreline Design Guidelines Adopted. Updated requirements for shoreline
regulations are hereby adopted to read as follows:
TMC 18.44.110 Shoreline Design Guidelines
The Green /Duwamish River is an amenity that should be valued and celebrated when
designing projects that will be located along its length. If any portion of a project falls within
the Shoreline Jurisdiction, the entire project will be reviewed under these guidelines as well as
the relevant sections of the Design Review Chapter of the Zoning Code (TMC Chapter 18.60).
The standards of TMC Chapter 18.60 shall guide the type of review, whether administrative or
by the Board of Architectural Review.
A. The following standards apply to development, uses and activities in the Urban
Conservancy and High Intensity Environments and non residential development in the
Shoreline Residential Environment
1. Relationship of Structure to Site. Development within the Shoreline Jurisdiction
shall demonstrate compliance with the following:
a. Respect and reflect the shape of the shoreline.
b. Orient building elements to site such that public river access, both visual and
physical, is enhanced.
c. Orient buildings to allow for casual observation of pedestrian and trail activity
from interior spaces.
d. Site and orient buildings to provide maximum views from building interiors
toward the river and the shoreline.
e. Orient public use areas and private amenities to the river.
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f. Clearly allocate spaces, accommodating parking, vehicular circulation and
buildings, to preserve existing stands of vegetation or trees so that natural areas can be set
aside, improved, or integrated into site organization and planning.
g. Clearly define and separate public from non public spaces with the use of
paving, signage, and landscaping.
2. Building Design. Development within the Shoreline Jurisdiction shall demonstrate
compliance with the following:
a. To prevent building mass and shape from overwhelming the desired human
scale along the river, development shall avoid blank walls on the public and river sides of
buildings.
b. Buildings should be designed to follow the curve of the river and respond to
changes in topography; buildings must not "turn their back" to the river.
c. Design common areas in buildings to take advantage of shoreline views and
access; incorporate outdoor seating areas that are compatible with shoreline access.
d. Consider the height and scale of each building in relation to the site.
e. Extend site features such as plazas that allow pedestrian access and enjoyment of
the river to the landward side of the buffer's edge.
f. Locate lunchrooms and other common areas to open out onto the water -ward
side of the site to maximize enjoyment of the river.
g. Design structures to take advantage of the river frontage location by
incorporating features such as:
1) plazas and landscaped open space that connect with a shoreline trail system;
2) windows that offer views of the river; or
3) pedestrian entrances that face the river.
h. View obscuring fencing is permitted only when necessary for documentable use
requirements and must be designed with landscaping per the Vegetation Protection and
Landscaping Section. Other fencing, when allowed, must be designed to complement the
proposed and /or existing development materials and design.
i. Where there are public trails, locate any fencing between the site and the
landward side of the shoreline trail.
3. Design of Public Access. Development within the Shoreline Jurisdiction shall
demonstrate compliance with the following:
a. Public access shall be barrier free, where feasible, and designed consistent with
the Americans with Disabilities Act.
b. Public access landscape design shall use native vegetation, in accordance with
the standards in the Vegetation Protection and Landscaping Section. Additional landscape
features may be required where desirable to provide public /private space separation and
screening of utility, service and parking areas.
c. Furniture used in public access areas shall be appropriate for the proposed level
of development and the character of the surrounding area. For example, large urban projects
should provide formal benches; for smaller projects in less developed areas, simpler, less
formal benches or suitable alternatives are appropriate.
d. Materials used in public access furniture, structures or sites shall be:
1) Durable and capable of withstanding exposure to the elements;
2) Environmentally friendly and take advantage of technology in building
materials, lighting, paved surfaces, porous pavement, etc, wherever practical; and
3) Consistent with the character of the shoreline and the anticipated use.
e. Public Private Separation:
I) Public access facilities shall look and feel welcoming to the public, and not
appear as an intrusion into private property.
2) Natural elements such as logs, grass, shrubs, and elevation separations are
encouraged as means to define the separation between public and private space.
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Section 12. Shoreline Restoration Adopted. Updated requirements for shoreline
regulations are hereby adopted to read as follows:
TMC 18.44.120 Shoreline Restoration
A. Shoreline Substantial Development Permit Not Required. Shoreline restoration
projects shall be allowed without a Shoreline Substantial Development Permit when these
projects meet the criteria established by WAC 173- 27- 040(o) and (p) and HB 2199.
B. Changes in Shoreline Jurisdiction Due to Restoration.
1. In cases where shoreline restoration projects result in a change in the location of the
OHWM and associated Shoreline Jurisdiction on the subject property and /or adjacent
properties, and where application of this chapter regulations would preclude or interfere with
the uses permitted by the underlying zoning thus presenting a hardship to the project
proponent.
a. Applications for relief, as specified below, must meet the following criteria:
1) The proposed relief is the minimum necessary to relieve the hardship;
2) After granting the proposed relief, there is net environmental benefit from
the restoration project; and
3) Granting the proposed relief is consistent with the objectives of the shoreline
restoration project and with the Shoreline Master Program.
4) Where a shoreline restoration project is created as mitigation to obtain a
development permit, the project proponent required to perform the mitigation is not eligible for
relief under the provisions of this section.
b. The portion of property that moves from outside Shoreline Jurisdiction to inside
Shoreline Jurisdiction as a result of the shoreline restoration project:
1) may be developed for the full range of uses of the underlying zoning
consistent with the Zoning Code, including uses that are not water oriented;
2) is not required to obtain a shoreline substantial development permit;
3) is not subject to provisions for public access;
4) is not subject to shoreline design review; and
5) is not subject to the development standards set forth in this chapter.
c. The intent of the exemptions identified above in a(1) to a(4) is to implement the
restoration projects of the Shoreline Master Program Restoration Plan, which reflects the
projects identified in the Water Resource Inventory Area (WRIA) 9 Plan pursuant to Policy 5.2
of the SMP.
2. Consistent with the provisions of (1)(a) and (1)(b) above, the Shoreline Residential
Environment Buffer, High Intensity or Urban Conservancy Environment Buffer width may be
reduced to no less than 25 feet measured from the new location of the OHWM for the portion of
the property that moves from outside the Shoreline Jurisdiction to inside Shoreline Jurisdiction
as a result of the shoreline restoration project, subject to the following standards:
a. The 25 -foot buffer area must be vegetated according to the requirements of the
Vegetation Protection and Landscaping Section or as otherwise approved by the City; and
b. The proponents of the restoration project are responsible for the installation and
maintenance of the vegetation.
3. The habitat restoration project proponents must record with King County a survey
that identifies the location of the OHWM location prior to implementation of the shoreline
restoration project, any structures that fall within the Shoreline Jurisdiction, and the new
location of the OHWM once construction of the shoreline restoration project is completed.
4. Shoreline restoration projects must obtain all U.S. Army Corps of Engineers and
Washington State Department of Fish and Wildlife approvals as well as written approval from
the City.
Section 13. Administration Requirements Adopted. Updated requirements for shoreline
regulations are hereby adopted to read as follows:
TMC 18.44.130 Administration
A. Applicability of Shoreline Master Program and Substantial Development Permit.
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1. Development in the Shoreline Jurisdiction. Based on guidelines in the SMA for a
Minimum Shoreline Jurisdiction, Tukwila's Shoreline Jurisdiction is defined as follows: The
Tukwila Shoreline Jurisdiction includes the channel of the Green /Duwannish River, its banks,
the upland area which extends from the OHWM landward for 200 feet on each side of the river,
floodways and all associated wetlands within its floodplain. The floodway shall not include
those lands that have historically been protected by flood control devices and therefore have
not been subject to flooding with reasonable regularity.
2. Applicability. The Tukwila SMP applies to uses, change of uses, activities or
development that occurs within the above defined Shoreline Jurisdiction. All proposed uses
and development occurring within the Shoreline Jurisdiction must conform to Chapter 90.58
RCW, the SMA, and this chapter whether or not a permit is required.
B. Substantial Development Permit Requirements.
1. Permit Application Procedures. Applicants for a Shoreline Substantial Development
Permit shall comply with permit application procedures in TMC Chapter 18.104.
2. Exemptions.
a. To qualify for an exemption, the proposed use, activity or development must
meet the requirements for an exemption as described in WAC 173 -27 -040, except for properties
that meet the requirements of the Shoreline Restoration Section, TMC Section 18.44.120. The
purpose of a shoreline exemption is to provide a process for uses and activities which do not
trigger the need for a Substantial Development Permit, but require compliance with all
provisions of the City's SMP and overlay district.
b. The Director may impose conditions to the approval of exempted developments
and /or uses as necessary to assure compliance of the project with the SMA and the Tukwila
SMP, per WAC 173- 27- 040(e). For example, in the case of development subject to a building
permit but exempt from the shoreline permit process, the Building Official or other permit
authorizing official, through consultation with the Director, may attach shoreline management
terms and conditions to building permits and other permit approvals pursuant to RCW
90.58.140.
C. Shoreline Conditional Use Permit.
1. Purpose. As stated in WAC 173 -27 -160, the purpose of a Conditional Use Permit
(CUP) is to allow greater flexibility in the application of use regulations of this chapter in a
manner consistent with the policies of RCW 90.58.020. In authorizing a conditional use, special
conditions may be attached to the permit by the City or the Department of Ecology to prevent
undesirable effects of the proposed use and /or assure consistency of the project with the SMA
and the City's SMP. Uses which are specifically prohibited by the SMP may not be authorized
with approval of a CUP.
2. Application. Shoreline Conditional Use Permits are a Type 4 permit processed
under TMC Chapter 18.104.
3. Application Requirements. Applicants must meet all requirements for permit
application and approvals indicated in TMC Chapter 18.104 and this chapter.
4. Approval Criteria.
a. Uses classified as shoreline conditional uses may be authorized, provided that
the applicant can demonstrate all of the following:
1) The proposed use will be consistent with the policies of RCW 90.58.020 and
the policies of the Tukwila SMP;
2) The proposed use will not interfere with the normal public use of public
shorelines;
3) The proposed use of the site and design of the project will be compatible
with other permitted uses within the area and with uses planned for the area under the
Comprehensive Plan and this chapter;
4) The proposed use will cause no significant adverse effects to the shoreline
environment in which it is to be located; and
5) The public interest suffers no substantial detrimental effect.
b. In the granting of all Conditional Use Permits, consideration shall be given to the
cumulative impact of additional requests for like actions in the area. For example, if
Conditional Use Permits were granted to other developments in the area where similar
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circumstances exist, the total of the conditional uses shall also remain consistent with the
policies of RCW 90.58 and all local ordinances and shall not produce substantial adverse effects
to the shoreline environment.
D. Shoreline Variance Permits.
1. Purpose. The purpose of a Shoreline Variance Permit is strictly limited to granting
relief from specific bulk, dimensional, or performance standards set forth in this chapter where
there are extraordinary or unique circumstances relating to the physical character or
configuration of property such that the strict implementation of this chapter will impose
unnecessary hardships on the applicant or thwart the SMA policies as stated in RCW 90.58.020.
Reasonable use requests that are located in the shoreline must be processed as a variance until
such time as the SMA is amended to establish a process for reasonable uses.
2. Application Requirements. Applicants must meet all requirements for a Type 3
permit application and approvals indicated in TMC Chapter 18.104.
3. Shoreline Variance Permits should be granted in circumstances where denial of the
permit would result in a thwarting of the policy enumerated in RCW 90.58.020. In all instances
the applicant must demonstrate that extraordinary circumstances exist and the public interest
will suffer no substantial detrimental effect.
4. Approval Criteria. A Shoreline Variance Permit for a use, activity or development
that will be located landward of the OHWM and /or landward of any wetland may be
authorized provided the applicant can demonstrate all of the following:
a. The strict application of the bulk, dimensional, or performance standards set
forth in this chapter preclude or significantly interfere with a reasonable use of the property not
otherwise prohibited by this chapter.
b. The hardship described in TMC Section 18.44.130.D(4)a is specifically related to
the property and is the result of unique conditions such as irregular lot shape, size, or natural
features and the application of this chapter, and not from the owner's own actions or deed
restrictions; and the variance is necessary because of these conditions in order to provide the
owner with use rights and privileges permitted to other properties in the vicinity and zone in
which the property is situated.
c. The design of the project will be compatible with other authorized uses within
the area and with uses planned for the area under the Comprehensive Plan and SMP and will
not cause adverse impacts to adjacent properties or the shoreline environment.
d. The variance will not constitute a grant of special privilege not enjoyed by other
properties in the area.
e. The variance is the minimum necessary to afford relief.
f. The public interest will suffer no substantial detrimental effect.
5. Shoreline Variance Permits Waterward of OHWM.
a. Shoreline Variance Permits for development and /or uses that will be located
either waterward of the OHWM or within any sensitive area may be authorized only if the
applicant can demonstrate all of the following:
1) The strict application of the bulk, dimensional or performance standards set
forth in this chapter preclude all reasonable permitted use of the property.
2) The proposal is consistent with the criteria established under TMC Section
18.44.130.D(4), "Approval Criteria."
3) The public rights of navigation and use of the shorelines will not be
adversely affected by the granting of the variance.
b. In the granting of all variance permits, consideration shall be given to the
cumulative impact of additional requests for like actions in the area such that the total of the
variances would remain consistent with RCW 90.58.020 and not cause substantial adverse
effects to the shoreline environment.
c. Variances from the use regulations of this chapter are prohibited.
E. Non Conforming Development.
1. Non Conforming Uses. Any non conforming lawful use of land that would not be
allowed under the terms of this chapter may be continued as an allowed, legal, non conforming
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use, defined in TMC Chapter 18.06 or as hereafter amended, so long as that use remains lawful,
subject to the following:
a. No such non conforming use shall be enlarged, intensified, increased or
extended to occupy a greater use of the Iand, structure or combination of the two, than was
occupied at the effective date of adoption of this chapter unless TMC Section 18.66.120 applies.
b. No non conforming use shall be moved or extended in whole or in part to any
other portion of the lot or parcel occupied by such use on the effective date of adoption of this
chapter.
c. If any such non conforming use ceases for any reason for a period of more than
24 consecutive months, any subsequent use shall conform to the regulations specified by in this
chapter for the shoreline environment in which such use is located. Upon request of the owner,
prior to the end of the 24 consecutive months and upon reasonable cause shown, the City
Council may grant an extension of time beyond the 24 consecutive months using the criteria set
forth in TMC Section 18.44.130(E)4.
d. If a change of use is proposed to a use determined to be non conforming by
application of provisions in this chapter, the proposed new use must be a permitted use in this
chapter or a use approved under a Conditional Usc PermitTvne 2 nermit with public notice
process. For purposes of implementing this section, a change of use constitutes a change from
one permitted or conditional use category to another such use category as listed within the
Zoning Code.
e. A structure that is being or has been used for a non conforming use may be used
for a different non conforming use only upon the approval of a Shoreline Conditional Use
In addition to the conditional use cri 0(e)-bType 2 permit subject to
public notice. Before approving a change in non conforming use, the following findings must
be made:
1) No reasonable alternative conforming use is practical;
2) The proposed use will be at least as consistent with the policies and
provisions of the SMP and as compatible with the uses in the area as the non conforming use;
3) the use or activity is enlarged, intensified, increased or altered only to the
minimum amount necessary to achieve the intended functional purpose;
4) The structure(s) associated with the non conforming use shall not be
expanded in a manner that increases the extent of the non conformity;
5) The change in use will not create adverse impacts to shoreline ecological
functions and /or processes;
6) The applicant restores and /or enhances the entire shoreline buffer, including
but not limited to, paved areas no longer in use on the property, to offset the impact of the
change of use per the vegetation management standards of this chapter. This may include the
restoration of paved areas to vegetated area if no longer in use;
7) The use complies with the conditional use permit criteria of this
2 permit process of TMC Chanter 18.104: and
8) The preference is to reduce exterior uses in the buffer to the maximum extent
possible.
2. Non Conforming Structures. Where a lawful structure exists on the effective date of
adoption of this chapter that could not be built under the terms of this chapter by reason of
restrictions on height, buffers or other characteristics of the structure, it may be continued as an
allowed, legal structure so long as the structure remains otherwise lawful subject to the
following provisions:
a. No such structure may be enlarged or altered in such a way that increases its
degree of nonconformity or increases its impacts to the functions and values of the shoreline
environment. Ordinary maintenance and repair of and upgrades to a non conforming structure
are permitted, including but not limited to, painting, roof repair and replacement, plumbing,
wiring, mechanical equipment repair /replacement, repaving and weatherization. These and
other alterations, additions or enlargements may be allowed as long as the work done does not
extend further into any required buffer, increase the amount of impervious surface, or increase
the impacts to the functions and values of the shoreline environment. Complete plans shall be
required of all work contemplated under this section.
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b. Should such structure be destroyed by any accidental means, the structure may
be reconstructed to its original dimensions and location on the lot provided application is made
for permits within 12 months of the date the damage occurred and all reconstruction is
completed within two years of permit issuance. In the event the property is redeveloped, such
re- development must be in conformity with the provisions of this chapter.
c. Should such structure be moved for any reason or any distance whatsoever, it
shall thereafter conform to the regulations of this chapter after it is moved.
d. When a non conforming structure, or structure and premises in combination, is
vacated or abandoned for 24 consecutive months, the structure, or structure and premises in
combination, shall thereafter be required to be in conformance with the regulations of this
chapter. Upon request of the owner, prior to the end of the 24 consecutive months and upon
reasonable cause shown, the City Council may grant an extension of time beyond the 24
consecutive months using the criteria in TMC Section 18.44.130(E)4.
e. Residential structures and uses located in any single family or multiple- family
residential zoning district and in existence at the time of adoption of this chapter shall not be
deemed nonconforming in terms of height, use, or location provisions of this title. Such
buildings may be rebuilt after a fire or other natural disaster to their original dimensions,
location and height, but may not be changed except as provided in the non conforming uses
section of this chapter.
f. Single- family structures in single- or multiple family residential zoning districts,
which have legally non conforming setbacks from the OHWM per the SMP buffer, shall be
allowed to expand the ground floor only along the existing building line(s) as long as the
existing distance from the nearest point of the structure to the OHWM is not reduced and the
square footage of new intrusion into the buffer does not exceed 50% of the square footage of the
current intrusion. As a condition of building permit approval, a landscape plan showing
removal of invasive plant species within the entire shoreline buffer and replanting with
appropriate native species must be submitted to the City. Plantings should be maintained
through the establishment period.
g. Within the Shoreline Jurisdiction, existing structures that do not meet the
requirements of the SMP may be rcmodeleelaltered. reconstructed or replaced, provided that:
1) The new construction is within the original dimensions and location on the
lot;
2) The new construction does not further intrude into or adversely impact the
required buffer;
3) The use or activity is enlarged, intensified, increased or altered only to the
minimum amount necessary to achieve the intended functional purpose;
4) The reconstruction will not create adverse impacts to shoreline ecological
functions and or processes;
5) For properties in non leveed portions of the river, the applicant re- slopes the
bank to a 2.5:1 or 3:1 angle as applicable depending on the property's shoreline environment
designation and restores and /or enhances the entire shoreline buffer, including but not limited
to, paved areas no longer in use on the property. Where an existing building would prevent the
re- sloping of the bank to 2.5:1 or 3:1 as applicable. the applicant must re -slope to the extent
possible. remove invasive vegetation and re- vegetate according to the provisions of this
chanter. For properties behind levees that do not meet the minimum profile, restore and /or
enhance the remaining buffer area and remove invasive vegetation and plant with native
vegetation on the levee prism as permitted by the COE; and
6) The property owner applies for and is granted approval of a Shoreline
Conditional UceTvpe 2 permit.
h. A non conforming use, within a non conforming structure, shall not be allowed
to expand into any other portion of the structure.
3. For the purposes of this section. alteration is defined as work that exceeds 50% of the
assessed valuation of the building over a three -year period.
43. Requests for Time Extension Non conforming Uses and Structures
a. A property owner may request, prior to the end of the 24 consecutive months, an
extension of time beyond the 24 consecutive months. Such a request shall be considered as a
Conditional IkeTvpe 2 permit under TMC Chapter 18.64 -104 and may be approved only when:
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1) For a non conforming use, a finding is made that no reasonable alternative
conforming use is practical;
2) For a non conforming structure, special economic circumstances prevent the
lease or sale of said structure within 24 months; and
3) The applicant restores and /or enhances the shoreline buffer on the property
to offset the impact of the continuation of the non conforming use. For non conforming uses,
the amount of buffer to be restored and /or enhanced will be determined based on the
percentage of the existing building used by the non- conforming use for which a time extension
is being requested. Depending on the size of the area to be restored and /or enhanced, the
Director may require targeted plantings rather than a linear planting arrangement. The
vegetation management standards of this program shall be used for guidance on any
restoration /enhancement. For non conforming structures, for each six -month extension of time
requested, 15% of the available buffer must be restored /enhanced.
b. Conditions may be attached to the permit that are deemed necessary to assure
compliance with the above findings, the requirements of the Master Program and the Shoreline
Management Act and to assure that the use will not become a nuisance or a hazard.
54. Building Safety. Nothing in this SMP shall be deemed to prevent the strengthening
or restoring to a safe condition of any non conforming building or part thereof declared to be
unsafe by order of any City official charged with protecting the public safety.
a. Alterations or expansion of a non conforming use structure that are required by
law or a public agency in order to comply with public health or safety regulations are the only
alterations or expansions allowed.
b. Alterations or expansions permitted under this section shall be the minimum
necessary to meet the public safety concerns.
65. Non Conforming Parking Lots.
a. Nothing contained in this chapter shall be construed to require a change in any
aspect of a structure or facility covered thereunder including, without limitation, parking lot
layout, Ioading space requirements and curb -cuts, for arty structure or facility which existed on
the date of adoption of this chapter.
b. If a change of use takes place or an addition is proposed, that requires an
increase in the parking area by an increment less than 100 the requirements of this chapter
shall be complied with for the additional parking area.
c. If a change of use takes place or an addition is proposed, that requires an
increase in the parking area by an increment greater than 100 the requirements of this
chapter shall be complied with for the entire parking area.
76. Non Conforming Landscape Areas.
a. Adoption of the vegetation protection and landscaping regulations contained in
this chapter shall not be construed to require a change in the landscape improvements for any
legal landscape area that existed on the date of adoption of this chapter, unless and until the
property is redeveloped or alteration of the existing structure is made beyond the thresholds
provided herein.
b. At such time as the property is redeveloped or the existing structure is altered
beyond the thresholds provided herein and the associated premises does not comply with the
vegetation protection and landscaping requirements of this chapter, a landscape plan that
conforms to the requirements of this chapter shall be submitted to the Director for approval.
Section 14. Appeals Adopted. Updated requirements for shoreline regulations are hereby
adopted to read as follows:
TMC 18.44.140 Appeals
Any appeal of a decision by the City on a Shoreline Substantial Development Permit,
Shoreline Conditional Use or Shoreline Variance must be appealed to the Washington State
Shorelines Hearing Board,
Section 15. Enforcement and Penalties Adopted. Updated requirements for shoreline
regulations are hereby adopted to read as follows:
TMC 18.44.150 Enforcement and Penalties
A. Violations. The following actions shall be considered violations of this chapter:
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158
1. To use, construct or demolish any structure, or to conduct clearing, earth- moving,
construction or other development not authorized under a Substantial Development Permit,
Conditional Use Permit or Variance Permit, where such permit is required by this chapter.
2. Any work that is not conducted in accordance with the plans, conditions, or other
requirements in a permit approved pursuant to this chapter, provided the terms or conditions
are stated in the permit or the approved plans.
3. To remove or deface any sign, notice, complaint or order required by or posted in
accordance with this chapter.
4. To misrepresent any material fact in any application, plans or other information
submitted to obtain any shoreline use or development authorization.
5. To fail to comply with the requirements of this chapter.
B. Enforcement. It shall be the duty of the Director to enforce this chapter subject to the
terms and conditions of TMC Chapter 8.45.
C. Inspection Access.
1. For the purpose of inspection for compliance with the provisions of a permit or this
chapter, authorized representatives of the Director may enter all sites for which a permit has
been issued.
2. Upon completion of all requirements of a permit, the applicant shall request a final
inspection by contacting the planner of record. The permit process is complete upon final
approval by the planner.
D. Penalties.
1. Any violation of any provision of the SMP, or failure to comply with any of the
requirements of this chapter, shall be subject to the penalties prescribed in TMC Chapter 8.45,
"Enforcement" and shall be imposed pursuant to the procedures and conditions set forth in
that chapter.
2. Penalties assessed for violations of the SMP shall be determined by TMC Section
8.45.100, "Penalties."
3. It shall not be a defense to the prosecution for failure to obtain a permit required by
this chapter that a contractor, subcontractor, person with responsibility on the site, or person
authorizing or directing the work erroneously believed a permit had been issued to the
property owner or any other person.
E. Remedial Measures Required. In addition to penalties provided in TMC Chapter 8.45,
the Director may require any person conducting work in violation of this chapter to mitigate
the impacts of unauthorized work by carrying out remedial measures.
1. Remedial measures must conform to the policies and guidelines of this chapter and
the SMA.
2. The cost of any remedial measures necessary to correct violation(s) of this chapter
shall be borne by the property owner and /or applicant.
F. Injunctive Relief.
1. Whenever the City has reasonable cause to believe that any person is violating or
threatening to violate this chapter or any rule or other provisions adopted or issued pursuant to
this chapter, it may, either before or after the institution of any other action or proceeding
authorized by this ordinance, institute a civil action in the name of the City for injunctive relief
to restrain the violation or threatened violation. Such action shall be brought in King County
Superior Court.
2. The institution of an action for injunctive relief under this section shall not relieve
any party to such proceedings from any civil or criminal penalty prescribed for violations of
this chapter.
G. Abatement. Any use, structure, development or work that occurs in violation of this
chapter or in violation of any lawful order or requirement of the Director pursuant to this
section, shall be deemed to be a public nuisance and may be abated in the manner provided by
TMC Section 8.45.105.
Section 16. Shereli..e M an'_ Amendments Adopted. Updated
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TMC 18 4c0 Shoreline Master Program Review and _____lmcnta
A. The SMP shall be periodically reviawad and adjustments shall ha nlz_ds as arc r _acsssry
to reflect changing local ci:_urs'_.:.__s.:s, n27. it -3 _._____:ire Sr improved data, arz3f____ in
s'
State statut_s an
shall include a local citizen involvement effort and public hearing to obtain the via :•s and
comments of the public.
B. Any provis____ a= this chapter a 4y b= ded as provided fa: u.12CW 92.59 and WAC
173 26. Amendments or revisions to the Master Program, as provided by law, do not become
effective until approved by the Washington State Department of Ecology.
C. Proposals for shoreline environment rc designations (i.e. amendments to the shoreline
maps and descriptions) must demonstrate consist2_ cy ith tha criteria set forth in WAC 173
26 010 and this program.
Section 17. Liability Adopted. Updated requirements for shoreline regulations are hereby
adopted to read as follows:
18.44.170 Liability
A. Liability for any adverse impacts or damages resulting from work performed in
accordance with a permit issued on behalf of the City within the City limits shall be the sole
responsibility of the owner of the site for which the permit was issued.
B. No provision of or term used in this chapter is intended to impose any duty upon the
City or any of its officers or employees that would subject them to damages in a civil action.
Section 178. Applicability of Amended Zoning Code. After the effective date of this
ordinance, Chapter 18.44 of the Zoning Code, as hereby amended shall apply to all properties
subject to the shoreline overlay, provided that nothing contained herein shall be deemed to
override any vested rights or require any alteration of a non conforming use or non conforming
structure, except as specifically provided in Chapter 18.44 of the Zoning Code, as amended.
Section 189. Repealer. Ordinance Nos. 1796 §3 (part), 1775 §2 (part), and 1758 §1 (part), as
codified at Tukwila Municipal Code Chapter 18.44, are hereby repealed.
Section 1920. 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 201. 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 upon approval of the
Shoreline Master Program by the Washington State Department of Ecology and publication as
provided by law.
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
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Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Page 47 of 47
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160
Revisions to Ordinance #3 Shoreline Overlay District
11/23/09 COW
PACKET PAGE
418 18.44.100 C.1. and 2.
423 18.44.130 B.2.a.
425 18.44.130 F.1.d.
425 18.44.130 F.le.
425 18.44.130 F.1.e.7)
426 18.44.130 F.2.g.
426 18.44.130 F.2.g.5)
426 18.44.130 F.2.g.6)
REVISION
The ordinance incorrectly
uses the less stringent term
"may" rather than "shall."
End of last sentence: insert
"and overlay district"
Replace Conditional Use
Permit with Type 2 permit
with public notice
Delete: "Shoreline
Conditional Use Permit. In
addition to the conditional
use criteria in TMC
18.44.130(c)" and replace
with "Type 2 subject to
public notice"
Revise this subsection to be
consistent with Council
decision to make a change
of nonconforming use a
Type 2 decision rather than
a conditional use
Replace "remodeled" with
"altered" to be consistent
with terminology in
Building Code.
Insert new second sentence:
"Where an existing building
would prevent the re-
sloping of the bank to 2.5:1
or 3:1 as applicable, the
applicant must re -slope to
the extent possible, remove
invasive vegetation and re-
vegetate according to the
provisions of this chapter."
Revise permit process from
conditional use permit to
Type 2 permit
RATIONALE
The introductory paragraph
before 1 and 2 uses "will"
which requires either 1 or 2
as the circumstances dictate
the terminology in 1 and 2
should match that of the
introductory paragraph.
Add these words to link the
SMP with the implementing
regulations.
Council action 11/23/09
Council action 11/23/09
Council action 11/23/09
Council action 11/23/09
This addresses a concern
from several property
owners who testified during
the Council review process.
Council action 11/23/09
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161
162
428 18.44.160
Revisions to Ordinance #3 Shoreline Overlay District
426 18.44.130 F.2.g.6)
426 18.44.130 F.3.a.
427 18.44.130 F 4.a.
Insert new paragraph after
6): "For the purposes of
this section, alteration is
defined as work that
exceeds 50% of the assessed
valuation of the building
over a three year period."
Revise permit process from
conditional use to Type 2,
consistent with previous
actions 11/23/09 and correct
reference in TMC to
18.104?
Replace "use" with
"structure."
Delete Section 16 and
renumber
Council action 11/23/09:
this adds a definition for
what is meant by "altered"
under 18.44.130 F.2.g.
Staff needs clarification
from the Council on
whether it intended to
require a Type 2 permit for
requesting a time extension
for a non conforming use or
structure or whether the
Council wants to keep the
process as a conditional use
permit.
This appears to be a
typographical error the
term "use" does not make
sense in the context of the
section it is in Building
Safety
The Shoreline Overlay
district does not address
amendments to the
Shoreline Master Program.
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TO: Tukwila City Council
FROM: Carol Lumb, Senior Planner
CC:
SPEAKER
1. Jeff Weber
Mayor Haggerton
Rhonda Berry, City Administrator
Bob Sterbank, City Attorney
DATE: December 2, 2009
SUBJECT: Comments Received at 11/23/09 Committee of the Whole Meeting
Verbal comments were provided by eight individuals at the November 23, 2009 Committee of the
Whole meeting. Staff was requested to compile the comments in a brief summary and provide a
response to the key points made, which is provided below. Several of the individuals provided written
comments (Jeff Weber, R.W. Thorpe and Lara Fowler) please reference these documents as well to
ensure staff has captured the issue completely.
REPRESENTING
Campbell
properties
City of Tukwila
Department of Community Development
MEMORANDUM
COMMENT SUMMARY
Despite changes to -date,
clients unable to accept
SMP issues: 1) requiring
CUP for change of use;
2) Glacier Bldg. levee
almost meets minimum
levee profile won't be
reconstructed soon since
reconstructed in late
1990's buffer should be
reduced until levee is
reconstructed in future.
STAFF RESPONSE
1) Council revised permit
process 11/23/09 to require a
Type 2 permit with public notice
rather than a CUP;
2) This is a policy issue for the
Council staff believes
nonconforming section has
been revised substantially to
ease compliance for non-
conforming uses and structures
if Council wishes to revise the
SMP, staff recommends revising
the language provided
November 20, 2009 by Mr.
Weber as follows: "Where a
levee has been reconstructed
after 1997 and before adoption
of this Master Program
December. 2009 and the
reconstruction included creation
of a mid -slope bench...."
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164
Tukwila City Council
Comments Received at 11 -23 -09 COW Meeting
December 2, 2009
2. Robert
Thorpe
3. Lee
Michaelis, R.W.
Thorpe and
Associates
4. Jack
McCullough
Desimone Trust
La Pianta
Submitted letter:
1) buffer reduction process
propose allowing a 35%
reduction for levee and
non -levee river banks with
enhancement plan
required;
2) propose revising SMP
and 18.44 under
nonconforming
development, provisions
that allow a new
nonconforming use to
replace an existing
nonconforming use;
3) issue of bank loans for
nonconforming
uses /structures.
Desimone Trust Need to define what is
meant by "remodel"
1) Take more time to
consider revisions to the
SMP;
2) the levees they are
constructing south of S.
196 St. will immediately
1) This is a policy issue for the
Council conditions along
Auburn's shoreline are very
different from Tukwila's. So far
the Council has not revised the
process in the SMP which
permits up to a 50% reduction of
the buffer based on re- sloping
the bank or reconstructing the
levee and planting native
vegetation. Use of Mr. Thorpe's
proposed language would not
address the life /safety issues for
the leveed portion of the river.
2) This is also a policy issue for
Council. The revisions
proposed by Mr. Thorpe
drastically change the mitigation
required for changing one
nonconforming use for another.
Providing the flexibility he
suggests will indefinitely delay
achievement of conformance
with setback requirements,
because property owners will
substitute a new tenant rather
than redevelop the site to
comply with buffer
requirements;
3) See memo in 10/27/09
Council work session packet
from Kenyon Disend on non
conformities and banking
regulations.
Council revised term from
"remodel" to "altered" and
agreed to language on what is
meant by "altered" at the
11/23/09 COW meeting. This
language is included in the
12/7/09 Council packet.
1) the Council must determine if
taking additional time is needed
to resolve any outstanding
issues staff believes that all
issues have been discussed so
no additional meetings are
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Tukwila City Council
Comments Received at 11 -23 -09 COW Meeting
December 2, 2009
5. Daniel
Tempkin
Self property is
adjacent to the
Duwamish
Gardens
restoration site on
East Marginal
Way South
be non conforming the
Tukwila South project
should get credit for the
off channel habitat and be
given a buffer reduction for
the new levees that will not
meet the City's minimum
profile.
1) Concerned about
impacts of SMP;
2) documents for 11/23/09
COW meeting weren't
posted on City's web site
until the afternoon of the
meeting;
3) take more time heard
Council's concerns earlier
in the meeting about the
loss of assessed value in
the City.
necessary. We need to move
forward to show Ecology we are
making progress in meeting the
12/1/09 adoption deadline;
2) Staff met with La Pianta at
least six times after the public
hearing was closed to discuss
issues of concern to La Pianta
and their proposed SMP
language changes. The City's
minimum levee profile has been
identified for several years, and
was articulated by the former
Public Works Director during
negotiations on the
Development Agreement La
Pianta chose to use a profile
that did not incorporate the
plantable bench desired by the
City. Administration does not
believe that credit should be
given for the off channel habitat
to obtain the buffer reduction for
levees that do not meet the
minimum profile, because the
minimum profile provides for
flood protection as well as fish
habitat. La Pianta's off channel
habitat addresses only one of
these elements fish habitat
and provides minimal flood
storage.
1) concerns about impact of
adjacent restoration project
have been addressed through
HB 2199, reflected in Section 13
of SMP legislation allows
some regulatory flexibility for
property owners adjacent to a
restoration site;
2) documents were posted as
soon as possible;
3) see comment under #4
above on taking more time;
SMP tries to balance SMA
requirements and private
property rights.
CL Page 3 of 5 12/02/2009 1:08:00 PM
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165
166
Tukwila City Council
Comments Received at 11 -23 -09 COW Meeting
December 2, 2009
6. Lara Fowler Baker
Commodities
1) Additional time is
needed for public to review
changes made through
11/17/09 work session and
provide feedback to
Council;
2) Remaining issues
include: a) impact of 100 ft.
buffer; b) expanded
definition of shoreline to
include floodways; c)
vegetation requirements;
d) public access burden
still shifted to Baker
Commodities to prove
health /safety concerns; e)
issues litigated in 1990's
want to make sure these
are addressed in SMP; f)
nonconforming
development related to
litigation in 1990's.
1) see comment under #4
above;
2) a) reducing the buffer width
for non -levee areas is a policy
decision for the Council see
memos from former Public
Works Director on rationale for
100 ft. buffer width (see tab in
SMP Notebook, under
"Buffers b) new flood maps
show additional flood plain, not
floodway on the Baker
Commodities site as a result,
the revision to the shoreline
jurisdiction definition does not
affect this site; c) vegetation
provisions are proportional to
type of development occurring
in the property staff does not
believe additional changes to
this section are warranted; d)
requiring an applicant to show
there is a health /safety issue
with providing public access is a
typical permit requirement
staff does not anticipate that a
great deal of narrative would be
needed to make this showing for
the Baker Commodities site; e)
and f) both relate to the
litigation from the 1990's after
adoption of the City's new
Comprehensive Plan.
Reference has been added to
TMC 18.44 to the specific
section of the TMC that
addresses one of the litigated
issues the SMP cannot make
this reference without Ecology
then needing to review and
approve the underlying zoning
code reference. Staff believes
the issue has been addressed.
CL Page 4 of 5 12/02/2009 1:08:00 PM
W: \Long Range Projects\ Shoreline \Council Review\ Council Action \12 -2 -09 Memo Responding to Public Comments
Tukwila City Council
Comments Received at 11 -23 -09 COW Meeting
December 2, 2009
7. Chuck
Maduell
8. Louie Sanft
Inn Keepers of
America,
Residence by
Marriott, and
Desimone Trust
Self and parents
who own property
along the river
Continue to have a number
of concerns about SMP,
but will focus on one key
concern under 18.44.130
F. 2.g.5. which requires re-
sloping of river bank if the
structure is altered,
reconstructed or replaced
Inn Keepers' site does
not have room to re -slope
the river bank as the
buildings are too close to
permit.
Mr. Sanft provided a letter
at the Council's public
hearing with nine items of
concern. The letter was
originally submitted to the
Planning Commission
during its review of the
SMP.
Council considered wording
revisions at 11/23/09 COW
meeting that would address this
concern: where an existing
building would prevent the re-
sloping of the bank to 2.5:1 or
3;1 as applicable, the applicant
must re -slope to the extent
possible, remove invasive
vegetation and re- vegetate
according to the provisions of
this chapter."
See Matrix B, comment #25 and
staff responses.
Please let me know if you have any questions or would like to schedule time with staff to go over any
questions. I can be reached at 206 431 -3661.
CL Page 5 of 5 12/02/2009 1:08:00 PM
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167
168
COUNCIL AGENDA SYNOPSIS
�IILA l
Q�ti Initials ,review view Council ITEM NO.
4 -4 Meetin Date Prepared by Ma o s
4
y 12/07/09 1 EB 1 1 61414-1 290= 1
I I 1
ITEM INFORMATION
CAS NUMBER: 09-176 I ORIGINAL AGENDA DATE: DECEMBER 7, 2009
AGENDA ITEM TITLE Tukwila /SeaTac /Des Moines /Covington Minor Home Repair
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 12/07/09 Mtg Date 12/7/09 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Ma Adm Svcs DCD Finance Fire Legal P&R Police PW/
SPONSOR'S With the addition of the City of Covington, a new interlocal agreement is required for the
SUMMARY 2010 Minor Home Repair program.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 11/23/09
RECOMMENDATIONS:
SPONSOR /ADMIN. Mayor's Office, Human Services
COMMITTEE Unanimous approval Forward to Council of the Whole
COST:�IMPACT /:-FUND SOURCE
EXPENDITURE; REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source: HOUSING AND URBAN DEVELOPMENT TO REIMBURSE THE CITY
Comments:
MTG. DATE..:
OF COUNCIL ACTION
MTG. DATE `ATTACHMENTS'
12/7/09 Informational Memorandum dated 11/23/09
Draft Interlocal Agreement
Minutes from the Community Affairs and Parks Committee meeting of 11/23/09
169
170
TO:
FROM: Evelyn Boykan, Human Services Manager
DATE: November 23, 2009
SUBJECT: Interlocal Agreement for 2010 Minor Home Repair Program
ISSUE
We are expecting a formal award letter for $100,000 to fund the 2010 Tukwila, SeaTac, Des
Moines, and Covington Minor Home Repair program. The addition of Covington requires a new
agreement between the cities. The program serves income eligible homeowners with minor
home repair including but not limited to carpentry, plumbing, electrical, HVAC systems,
preventative maintenance etc.
BACKGROUND
The Human Services Office in Tukwila has served as the fiscal agent for a contract with King
County since 2005. Funds come from a competitive application to King County for federal
Community Development Block Grants. Each City manages its own program with funds that
are distributed. For 2010 the fund split will be $25,000 for Tukwila and Des Moines, $26,000 for
SeaTac, and $24,000 for Covington. In 2009 we provided over 30 jobs to eligible homeowners.
DISCUSSION
The attached Interlocal Agreement outlines the responsibilities and duties of each participating
city.
RECOMMENDATION
Due to the number of Council meetings left in 2009, the Council is being asked for forward this
directly to the December 7, 2009 Regular Meeting for consideration and approval.
ATTACHMENTS
Draft Interlocal Agreement
City of Tukwila
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Community and Parks Committee
Jim Haggerton, Mayor
171
172
INTERLOCAL AGREEMENT BETWEEN THE CITY OF SEATAC, DES
MOINES, COVINGTON, AND THE CITY OF TUKWILA FOR
PLANNING, FUNDING, AND IMPLEMENTATION OF A JOINT MINOR
HOME REPAIR PROGRAM
THIS INTERLOCAL AGREEMENT "Interlocal is entered into pursuant to
Chapter 39.34 RCW, the Interlocal Cooperation Act, by the City of SeaTac "SeaTac the City
of Des Moines "Des Moines the City of Covington "Covington and the City of Tukwila
"Tukwila hereinafter referred to as "City" or "Cities," to provide for planning, funding, and
implementation of a minor home repair program.
WHEREAS, the Cities engage in activities which support human service providers in
King County; and
WHEREAS, the Cities wish to make the most efficient use of their resources by
cooperating to provide funding to support human service providers in south King County; and
WHEREAS, through the Interlocal Cooperation Act, Chapter 39.34 RCW, the Cities
have the authority to engage in cooperative efforts that will result in more efficient use of
government resources;
NOW, THEREFORE, and in consideration of the terms, conditions, and performances
made herein, it is agreed as follows:
1. Purpose. The purpose of this Interlocal is to set up a cooperative arrangement
between the Cities to consolidate the funding process and implementation of a minor home repair
program. This Interlocal will increase the efficiency of administering the program while
decreasing administrative costs.
Interlocal.
2. Responsibilities.
A. Tukwila's Duties.
1) Contract and act as the fiscal and administrative agent with King County for
the implementation of a Block Grant for a minor home repair program for Des Moines, Tukwila
Covington, and SeaTac.
2) Maintain required documentation and prepare required reports for King
County consistent with the County's requirements regarding the use of Community Development
Block Grant funds.
3) Maintain accounts and records that properly reflect transactions related to this
4) Responsible for reimbursing participating cities and submitting required
paperwork to King County.
Joint Human Services Application and Funding MOU
Page 1 of 6
173
5) Responsible for the implementation of the minor home repair program within
Tukwila in accordance with terms specified in the Block Grant contract between Tukwila and
King County.
this Interlocal.
this Interlocal.
6) Review and pay invoices for any services performed in Tukwila pursuant to
7) Reimburse SeaTac, Covington, and Des Moines on an as received basis for
any invoices received pursuant to this Interlocal.
B. SeaTac's Duties
1) Responsible for the implementation of the minor home repair program within
SeaTac in accordance with terms specified in the Block Grant contract between Tukwila and
King County.
2) Review and pay invoices for any services performed in SeaTac pursuant to
3) Remit invoices to Tukwila for reimbursement.
C. Des Moines' Duties
1) Responsible for the implementation of the minor home repair program within
Des Moines in accordance with terms specified in the Block Grant contract between Tukwila and
King County.
2) Review and pay invoices for any services performed in Des Moines pursuant
to this Interlocal.
this Interlocal.
3) Remit invoices to Tukwila for reimbursement.
D. Covin2ton's Duties
1) Responsible for the implementation of the minor home repair program within
Covington in accordance with terms specified in the Block Grant contract between Tukwila and
King County.
2) Review and pay invoices for any services performed in Covington pursuant to
3) Remit invoices to Tukwila for reimbursement.
E. Cities' Joint Duties
Joint Human Services Application and Funding ILA
Page 2 of 6
174
1) Subcontract with an agency /contractors that will perform qualified home
repairs in Tukwila, SeaTac, Covington, and Des Moines in accordance with King County's
Block Grant program and applicable city policies.
2) No City shall use more funds than have been annually allocated to it by King
County for a minor home repair program. However, if a City is unable to spend its portion of the
funds by the 3` quarter of the year for which the funds were allocated, the Cities may mutually
agree to shift those funds to another City that has an on -going demand for minor home repair.
3. Duration. This Interlocal shall become effective when it is approved by the Cities
and shall remain in effect on an ongoing basis so long as funds are available for the minor home
repair program.
4. Termination. Any City may terminate this Interlocal without cause by giving the
other Cities a thirty -day written notice. The terminating City shall remain fully responsible for
meeting its funding responsibilities to date up to the point of termination and other obligations
established by this Interlocal through the end of the calendar year in which such notice is given.
5. Notices. Notices to the Cities shall be sent to the following persons:
City Contact
SeaTac Human Services Coordinator, currently Colleen Brandt Schluter
4800 S. 188`" Street, SeaTac, WA 98188
206.973.4815; cbschluter aci.seatac.wa.us
Des Moines Code Enforcement Officer, currently Nancy Uhrich
21630 11 Ave S, Suite D
Des Moines, WA 98198 -6398
206- 870 -6558
nuhrichAdesmoineswa.gov
Covington Personnnel Division/Human Services, Victoria Throm
16720 SE 271 Street, Ste. 100
Covington, WA 98042
253 -638 -1110 Ext. 2237
Vthromnaci.covington. wa. us
Tukwila Human Services Manager, currently Evelyn Boykan
6200 Southcenter Blvd, Tukwila, WA 98188
206.433.7180; eboykan@ci.tukwila.wa.us
6. Indemnification. Each City agrees to indemnify the other City from any claims,
damages, losses, and costs, including, but not limited to, attorney's fees and litigation costs
arising out of claims by third parties for breach of contract, property damage, and bodily injury,
including death, caused solely by the negligence or willful misconduct of such City, the City's
employees, affiliated corporations, officers, and lower tier subcontractors in connection with this
Interlocal.
Joint Human Services Application and Funding ILA
Page 3 of 6
175
Each City hereby waives its immunity under Title 51 of the Revised Code of Washington
for claims of any type brought by any City agent or employee against the other City. This
waiver is specifically negotiated by the parties and a portion of the City's payment hereunder is
expressly made the consideration for this waiver.
7. Insurance. Each City shall procure and maintain in full force throughout the duration
of the Interlocal comprehensive general liability insurance with a minimum coverage of
$1,000.000.00 per occurrence /aggregate for personal injury and property damage. In the event
that a City is a member of a pool of self insured cities, the City shall provide proof of such
membership in lieu of the insurance requirement above. Such self insurance shall provide
coverage equal to or greater than that required of non -self insurance pool member Cities.
8. Annlicable Law: Venue: Attorney's Fees. This Interlocal shall be governed by and
construed in accordance with the laws of the State of Washington. In the event any suit,
arbitration, or other proceeding is instituted to enforce any term of this Interlocal, the parties
specifically understand and agree that venue shall be exclusively in King County, Washington.
The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit.
9. Counternarts. This document may be executed in any number of counterparts, each
of which shall be considered an original.
10. Amendment or Modification. This Interlocal may be amended or modified in writing
with the mutual consent of the Cities.
IN WITNESS WHEREOF, the undersigned have entered into this Interlocal as of this
day of 2009.
CITY OF SEATAC CITY OF TUKWILA
By: ftrWi By:
Cam, City Manager
Date: ,4 6 r Date:
Attest: Attest:
[Printed Namel [Printed Namel
Title: Title:
Approved As To Form:
Mark S. Jo n, Sr. Assistant City Attorney
Joint Human Services Application and Funding ILA
Page 4 of 6
176
Jim Haggerton, Mayor
Approved As To Form:
Shelley M. Kerslake, City Attorney
CITY OF DES MOINES CITY OF COVINGTON
By: By:
Anthony A. Piasecki, City Manager Derek Matheson, City Manager
Date: Date:
Attest: Attest:
[Printed Namel [Printed Namel
Title: Title:
Approved As To Form: Approved As To Form:
Susan Mahoney, Assistant City Attorney Sara Springer, City Attorney
Joint Human Services Application and Funding ILA
Page 5 of 6
177
178
EXHIBIT A and Implementation of a Joint Minor
Interlocal Between the Cities For Planning, Funding'
Home Repair Program
CALENDAR YEAR 2010
Joint Human Services Application and Funding ILA
Page 6 of 6
COMMUNITY AFFAIRS AND PARKS COMMITTEE
Meeting Minutes
November 23, 2009 5:00 p.m.; Conference Room #3
PRESENT
Councilmembers:
Absent:
Staff:
CALL TO ORDER: Committee Chair Griffin called the meeting to order at 5:03 p.m.
I. PRESENTATIONS
No presentations.
II. BUSINESS AGENDA
A. Interlocal Agreement for Minor Home Repair Program
Grant monies are pending appropriation for the 2010 Minor Home Repair Program through the
Community Development Block Grant, and staff is seeking approval to enter into an Interlocal
Agreement between the Cities of SeaTac, Des Moines, Covington and Tukwila for the planning, funding
and implementation of a joint minor home repair program in 2010.
Last year this interlocal agreement was between the cities of Seatac, Des Moines and Tukwila and was
going to be self renewing; however, the City of Covington has now been added to the program, and a new
interlocal agreement is necessary.
Tukwila continues to serve as the fiscal agent of the Minor Home Repair Program for the above
mentioned cities. Targeting low and moderate income homeowners, Minor Home Repair program repairs
include electrical, plumbing, carpentry and roofing.
Terms of the interlocal agreement are almost identical to last year, with the exception that the City of
Covington has been added as a participant. Due to the limited number of Council meetings remaining in
2009, staff is requesting this item move directly to the December 7 Regular meeting. UNANIMOUS
APPROVAL. FORWARD TO DECEMBER 7 REGULAR MEETING.
180
City of Tukwila
Community Affairs and Parks Committee
Verna Griffin, Chair; and Kathy Hougardy
Joe Duffle
Rhonda Berry, Evie Boykan, Bruce Fletcher, Marty O'Brien, Dave Johnson, Shawn Hunstock,
Jack Pace and Kimberly Matej
B. 2010 Parks Recreation Fee Increase
As an information only item, staff presented the Community Affairs Parks Committee with Parks
Recreation fee increases that will take effect January 1, 2010. It is anticipated that the increases will add
approximately $154,000 to the department's annual revenue.
Fee increases will take effect department -wide and includes increases to:
Recreation Programs
Facility Rentals
Picnic Shelters
Athletic Fields
Swimming Pool
Committee member Hougardy suggested staff consider further researching surrounding aquatic facilities
for comparison to the City's fees. She believes that the City's non resident rates may be extremely low in
comparison to surrounding communities.
COUNCIL AGENDA SYNOPSIS
�J q Initials ITEM NO.
41 y I Meetznn Date 1 Prepared by 1 Mayo's review 1 Councz'review
A I 12/07/09 I SH I I /]r
e I
ITEM INFORMATION
1 CAS NUMBER: 09-177 I ORIGINAL AGENDA DATE: DECEMBER 7, 2009
AGENDA ITEM TITLE A resolution authorizing reimbursement from bond proceeds for various CIP projects
and flood response, mitigation and other related expenses.
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 12/07/09 Mtg Date Mtg Date 12/07/09 Mtg Date Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW
SPONSOR'S The resolution authorizes reimbursement to the City for disbursements made for the
SUMMARY Strander Boulevard project, Southcenter Parkway project, and flood response, mitigation
and related activities due to conditions at the Howard Hanson Dam. Such reimbursement
shall be from an anticipated bond sale to take place in early 2010.
The Council is being asked to approve the reimbursement resolution.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DA 1E:
RECOMMENDATIONS:
SPONSOR /ADMIN. Finance Department
COMMIT TEE Committee Chair consent to take this item directly to Council Meeting
COST IMPACT FUND: SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE RECORD O F "COUNCIL ACTION
12/07/09
MTG. DATE :ATTACHMENTS
12/07/09 Informational Memorandum dated 12/01/09
Resolution
181
182
TO:
ISSUE
BACKGROUND
DISCUSSION
City of Tukwila
INFORMATIONAL MEMORANDUM
Mayor Haggerton
Rhonda Berry
Finance and Safety Committee
FROM: Shawn Hunstock, Finance Director
DATE: December 1, 2009
SUBJECT: Reimbursement Resolution
Jim Haggerton, Mayor
The City is contemplating a bond issue in 2010 related to the Southcenter Parkway
extension and realignment project in the Tukwila South annexation area. The City may,
at the same time, issue additional bonds for other purposes. The proposed other use of
such bonds is for reimbursement to the City for expenses related to flood planning,
mitigation and response.
The developer's agreement for Tukwila South calls for the City to issue at least $6.0
million in bonds for the Southcenter Parkway realignment and construction project. The
developer also provided a revenue guarantee to cover up to an additional $2.25 million
in bonds, bringing the total for this project up to a possible $8.25 million. In addition to
the Tukwila South project, the City expects to incur expenses in 2010 related to the
Strander Boulevard extension project. These could be for right -of -way acquisition,
arterial street improvements, construction and related expenses. It is expected that
these expenses for the Strander Boulevard project will be as much as $1.9 million in
2010.
Administration is also recommending, to the extent allowable by the Internal Revenue
Service for tax exempt bonds, the inclusion of flood planning, response and mitigation
expenses. These are costs which the City will incur over the next several weeks in
preparation for potential flooding related to conditions at the Howard Hanson dam, and
possible release of a large volume of water into the Green River.
We are working with bond counsel at this time to determine what type and amount of
flood related expenses can be included in the bond sale for reimbursement to the City.
Tax exempt bonds are typically used for capital expenditures, and generally not for
operating and maintenance expenses. The bond counsel's tax attorney is working on
determining what types of expenses are eligible for bond funding. To the extent
183
INFORMATIONAL MEMO
Page 2
possible, we will maximize the use of bond funding at this time in order to gear -up for
flood response efforts in a timely basis.
The bonds, including those issued for flood expense related purposes, will be typical
ones with repayment over ten to twenty years depending on the terms and rates
available from the market at the time the bonds are sold. The time for repayment on the
bonds for Tukwila South will coincide with the term of the developer's agreement, so
that no bonds are outstanding beyond the expiration of the revenue guarantee from the
developer. Bonds used for other purposes will be sold at terms most advantageous to
the City with respect to the lowest borrowing costs.
If available on the open market at the time bonds are sold, the City will take advantage
of Build America Bonds, which are taxable bonds but come with a 35% subsidy from the
federal government to offset interest costs. This lowers the effective interest rate on the
bonds, which might mean a lower cost of borrowing than selling traditional tax exempt
bonds.
RECOMMENDATION
The Council is being asked to approve the attached resolution providing for
reimbursement to the City from bonds to be issued during 2010 for expenses incurred
prior to the bond sale.
This item is scheduled to be discussed at the December 7, 2009 Regular Meeting.
ATTACHMENT
Resolution
1 84 W:12009 CAS\ReimbursementResolution.doc
City of Tukwila
Washington
Resolution No.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DECLARING ITS OFFICIAL INTENT TO REIMBURSE
CAPITAL EXPENDITURES IN CONNECTION WITH 1) THE COSTS OF
THE SOUTHCENTER PARKWAY CONSTRUCTION AND REALIGNMENT
IN THE TUKWILA SOUTH ANNEXATION AREA, TOGETHER WITH
RELATED IMPROVEMENTS; 2) COSTS OF RIGHT -OF -WAY
ACQUISITION, ARTERIAL IMPROVEMENTS, EXTENSION OF
STRANDER BOULEVARD AND RAILROAD CROSSING, TOGETHER
WITH RELATED IMPROVEMENTS; AND 3) THE COSTS OF FLOOD
CONTROL FACILITIES, EQUIPMENT, MATERIALS AND SUPPLIES FROM
PROCEEDS OF A FUTURE BORROWING.
WHEREAS, the City of Tukwila, Washington (the "City") intends to make
expenditures for the Project (identified below) from funds that are available but that are
not (and are not reasonably expected to be) reserved, allocated on a long -term basis, or
otherwise set aside for those expenditures, and reasonably expects to be reimbursed for
those expenditures from proceeds of bonds or other obligations "bonds issued to
finance those expenditures; and
WHEREAS, certain federal regulations (the "federal reimbursement regulations
relating to the use of proceeds of tax exempt bonds to reimburse the issuer of the bonds
for expenditures made before the issue date of the bonds require, among other things,
that not later than 60 days after payment of the original expenditure the City (or any
person designated by the City to do so on its behalf) declare a reasonable official intent
to reimburse those expenditures from proceeds of bonds;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. Description of Project for which Expenditures are to be Made. The City
intends to make (and /or, not more than 60 days before the date of this declaration, has
made) expenditures and reasonably expects to reimburse itself for those expenditures
from proceeds of bonds for the following project, property, or program (the "Project
1) Costs of Southcenter Parkway construction and realignment in the Tukwila
South annexation area, together with related improvements; and
2) Costs of right -of -way acquisition, arterial improvements, extension of Strander
Boulevard and railroad crossing, together with related improvements; and
3) Costs of flood control facilities, equipment, materials and supplies.
Section 2. Maximum Principal Amount of Obligations Expected to be Issued for
the Project. The City expects the maximum principal amount of bonds that will be
issued to finance the Project will be $15,500,000.
Section 3. Declaration Reasonable. The City Council has reviewed its existing and
reasonably foreseeable budgetary and financial circumstances and has determined the
City reasonably expects to reimburse itself for expenditures for the Project from
W: \Word Processing\ Resolutions\ Bond Reimbursement.doc
SH:ksn 12/02/2009
Page 1 of 2
185
186
proceeds of bonds because the City has no funds available that already are or are
reasonably expected to be reserved, allocated on a long -term basis or otherwise set
aside by the City for those expenditures on the Project.
Section 4. Limitations on Uses of Reimbursement Amounts. The City will not,
within one year after the expected reimbursement, use amounts corresponding to
proceeds received from bonds issued in the future to reimburse the City for previously
paid expenditures for the Project in any manner that results in those amounts being
treated as replacement proceeds of any tax exempt bonds, i.e., as a result of being
deposited in a reserve fund, pledged fund, sinking fund or similar fund (other than a
bona fide debt service fund) that is expected to be used to pay principal of or interest on
tax exempt bonds. Nor will the City use those amounts in any manner that employs an
abusive arbitrage device to avoid arbitrage restrictions.
Section 5. Date of Declaration. This declaration of official intent shall be dated as of
the date of adoption of this resolution.
Section 6. Ratification and Confirmation. Any actions of the City or its officers
prior to the date thereof and consistent with the terms of this resolution are ratified and
confirmed.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 2009.
ATTEST/ AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
W: \Word Processing \Resolutions \Bond Reimbursement.doc
SH:ksn 12/02/2009
Joan Hernandez, Council President
Filed with the City Clerk:
Passed by the City Council:
Resolution Number:
Page 2 of 2
7th (Monday)
Transportation
Grate
CANCELLED
Civil Service
Commission,
5:00 PM
(CR #3)
City Council
Executive
Session,
6:15 PM
(Council
Chambers)
City Council
Regular Mtg.,
7:00 PM
(Council
Chambers)
14th (Monday)
Community
Affairs
Parks Cmte,
5:00 PM
(CR #3)
City Council
Committee of
the Whole
Mtg.,
7:00 PM
(Council
Chambers)
C.O.W. TO BE
IMMEDIATELY
FOLLOWED BY
A SPECIAL
MEETING
8th (Tuesday)
Finance Safety
Grate
CANCELLED
Tukwila
International
Boulevard
Action Cmte,
7:00 PM
(Community
Center)
15th (Tuesday)
Puget Sound
Blood Center
TUKWILA
BLOOD DRIVE
9:00 to 11:00 AM
12:00 to 3:00 PM
(Auditorium at
Boeing Employees
Credit Union,
12770 Gateway Dr.)
For more information
or to schedule an
appointment to
donate blood,
contact Mary at 206-
439 -5981 or e-mail
mtoal @becu.org
Utilities Cmte,
5:00 PM
(CR #1)
Upcoming Meetings Events
DECEMBER 2009
9th (Wednesday)
COPCAB,
6:30 PM
(CR #5)
RESCHEDULED
FROM Nov. 25
16th (Wednesday)
Parks
Commission,
5:30 PM
(Community
Center)
Library
Advisory
Board,
7:00 PM
(Foster Library)
10th (Thursday)
TUKWILA
FIRE HAMS
One -day ham radio
class and written
exam for
technician level
ham radio license
($14.00 fee).
9:00 AM to 4:00 PM
Class size is
limited
To register send
an e-mail to Matt
at hickey -m@
ci.tukwila.wa.us.
(Another class/
exam day will be
held on Dec. 18.)
Planning
Commission,
6:00 PM
(Work Session)
(Council
Chambers)
17th (Thursday)
Crime Hot
Spots Task
Force Mtg.,
10:00 AM
(CR #5)
Domestic
Violence Task
Force,
12:00 NOON
(Human Svcs.
office)
Tukwila
Historical
Society,
7:00 PM
(Nelsen
Historical Trust
House)
11th (Friday)
Advisory Board
CANCELLED
18th (Friday)
TUKWILA
FIRE Hams
One -day ham radio
class and written
exam for
technician level
ham radio license
($14.00 fee).
9:00 AM to 4:00 PM
Class size is
limited
To register send
an e-mail to Matt
at hickey -m@
ci.tukwila.wa.us.
12th (Saturday)
Tukwila Int'l.
Blvd. Action
Cmte's
Trash Pickup Day
9:00 -10:00 AM
For location contact
Rick at
rick@forschler.org
Council Coffee
Chat
10:00 AM to
12:00 NOON
at Starbucks
(13038 Interurban
Ave.)
Stop by and
informally talk with
a Tukwila City
Councilmember
about anything on
your mind regarding
Tukwila
19th (Saturday)
City Council Committee of Whole (C.O.W.) Meeting: 2nd 4th Mon., 7:00 PM, Council Chambers at City Hall.
City Council Regular Meeting: 1st 3rd Mon., 7:00 PM, Council Chambers at City Hall.
Civil Service Commission: 1st Mon., 5:00 PM, Conf. Room #3. Contact Bev Willison at 206 -433 -1844.
Community Affairs Parks Committee: 2nd 4th Mon., 5:00 PM, Conf. Room #3.
COPCAB (Community Oriented Policing Citizens Adv. Board): 4th Wed., 6:30 PM, Conf. Rm #5. Phi Huynh (206- 433 7175).
Finance Safety Committee: 1st 3rd Tues., 5:00 PM, Conf. Room #3. 12/8/09 meeting has been cancelled.
Human Services Advisory Brd: 2nd Fri. of even months, 10:00 AM, Human Services Office. Contact Evie Boykan at 206- 433 -7180.
Planning Commission/Board of Architectural Review: 4th Thurs., except 2nd Thursday in Nov. Dec., 7:00 PM,
Council Chambers at City Hall. Contact Wynetta Bivens at 206 -431 -3670.
Transportation Committee: 1st 3rd Mon., 5:00 PM, Conf. Room #1. 12/7/09 meeting has been cancelled.
>Tukwila Int'l. Blvd. Action Cmte: 2nd Tues., 7:00 PM, Tukwila Community Center. Contact Chief Dave Haynes at 206 -433 -1812.
>Utilities Committee: 2nd 4th Tues., 5:00 PM, Conf. Room 41.
187
188
Tentative Agenda Schedule
MONTH
December 7
25t Christmas
(City offices closed)
January
1•� —New Years Day
(City offices closed)
18Th —M.L. King, Jr.
Day
(City offices closed)
4
E MEETING ;MEETING 4
MEETING 1' MEETING 2
REGULAR C.O.W. REGULAR C.O.W.
See agenda packet
cover sheet for this
week's agenda
(December 7, 2009
Regular Meeting)
Special Presentation:
Oath of Office
administered for
Council positions with
terms ending
December 31, 2013:
Verna Griffin,
Position #1
Allan Ekberg,
Position #3
Joe Duffie,
Position #5
De'Sean Quinn,
Position #7
New Business:
Election of 2010
Council President
14
Soecial Presentation:
Presentation of official
Honorary DARE
Officer proclamation to
Jamie Kurfman
Special Issues:
Ordinance to finalize
Tukwila South
annexation
Shoreline Master
Program ordinances
COMMITTEE OF THE
WHOLE MEETING TO
BE FOLLOWED BY A
SPECIAL MEETING
SPECIAL MEETING
Unfinished Business:
Ordinance to finalize
Tukwila South
annexation
Shoreline Master
Program ordinances
21
28
11 19 (Tuesday) 25
Special Issues:
Parks Recreation fees