HomeMy WebLinkAboutOrd 2269 - Shoreline Master Program Update (Repealed by Ord 2344)City of Tukwila
Washington
Cover page to Ordinance 2269
The full text of the ordinance follows this cover page.
AN ORDINANCE OF THE CITY COUNCIL OF THE MY OF TUKWILA,
WASHINGTON, APPROVING AND ADOPTING A SHORELINE MASTER
PROGRAM UPDATE FOR THE CITY OF TUKWILA TO INCORPORATE NEW
STATE REQUIREME14TS, 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.
Ordinance 2269 was amended or repealed by the
following ordinances.
2344
City of Tukwila
Washington
Ordinance No.
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 1 day of bx- 2.€At& 2009.
ATTEST/ AUTHENTICATED:
(2
Christy O'Flakerty, CMC, City cicerk
BY:
Attachment: "Attachr ent A" Shoreline Master Program
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aggerton
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Filed with the City Clerk: 1 -9- o
Passed by the City Council: L i o
Published: 0
Effective Date: "Vex ac r rn 1 -I
Ordinance Number: (Q'f
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SUMMARY OF
Ordinance No. 2269
City of Tukwila, Washington
On December 14, 2009 the City Council of the City of Tukwila, Washington, adopted
Ordinance No. 2269, the main points of which are summarized by its title as follows:
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.
The full text of this ordinance will be mailed upon request.
Approved by the City Council at a Special Meeting thereof on December 14, 2009.
Published Seattle Times: December 17, 2009.
Christy O'Flahe CIVIC, City Clerfk
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