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HomeMy WebLinkAboutReg 2004-09-20 Item 6B - Briefing - Natural Environment Comprehensive Plan Amendments & Revise Sensitive Areas Ordinance CO UNCIL A G ENDA ._qYNOPSIS i ~ .................................. Initials ................................. ITEMNO. Meeti#~ Date Prepared ~ . Mqyor's review Council rede? 0g/20/04 cpl(~9 ~ ~,~/-~/, CAS NUMBER: 04-130 r ORIGINAL AGENDA DATE: 9/20/04 AGENDA ITEM TITLE Briefing on Natural Environment Comprehensive Plan Amendments and Sensitive Areas Ordinance revisions CATEGORY [] Discussion [] Motion I[~ Resolution[] Ordinance [] Bid ~l~vard [] Public Heaffng [] Other Mtg Date Mtg Date Mtg Date [Mtg Date Mtg Date Mtg Date Mtg Date SPONSOR [] Co.nm [] Mayor [] Adm Svcs [] DCD [] Finance [] Fire [] Legal [] P~R [] Police [] SPONSOR'S Brief the City Council on proposed amendments to the 1995 Tukwila Comprehensive Plan SUM~R¥ affecting the natural environment and a major reorganization of TMC 18.45, Sensitive Areas Ordinance and proposed revisions to comply with requirements of the Growth Management Act. These revisions are recommended by the Planning Commission. REVIE~VED BY [] COW Mtg. [] CA&P Crate [] F&S Crate [] Transportation Crate [] ut~des Cmte [] ~t~ Co~. [] ?a:~s Comm. [] ?lanm~g Comm. DATE: RECOMMENDATIONS: SPONSOR/ADMIN. N/A COMMITTEE Planning Commission cOST PACT/FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $ N/A $ N/A $ N/A Fund Source: Comments: i M~O: DATE RE~ORD OF COUNCIL ACTION MTG; ATTACHMENTs 9-20-04 **Please bring notebook labeled "Natural Environment and Sensitive Areas Ordinance". Hemo f~om staff dated Septembe~ 15, 2004, ~it~h $un~a~y:6f P~oposed Revisions QCity of Tulagila. StevenM. Mullet, Mayor Depai.ii~ent of ¢omm,,nttg Degelopment Steve Lancaster, Director MEMORANDUM September 15, 2004 TO: Mayor Steve Mullet and Members of the Tukwila City Council FM: Steve Lanc~tor, Department of Community Development RE: Council Briefing on September 20, 2004 At your September 20, 2004 session, staff will brief you on proposed changes to the Zoning Code and Comprehensive Plan to address changes in the Growth Management Act (GMA) that pertain to environmentally sensitive areas. The following summarizes the proposal and issues: I. Amendments to Comprehensive Plan goals and policies: No major changes are proposed to policies in the Tukwila Comprehensive Plan Natural Environment chapter. Minor word changes are proposed to clarify the intent of a number of policies and one new policy is proposed to support the daylighting of streams as a way to improve watershed functions. The requirement to use best available science is included in Comprehensive Plan policy language, as is the requirement to give special consideration to the protection of anadromous fish, both required by the Growth Management Act. Some implementation strategies are added or deleted as appropriate to address changed circumstances since the adoption of the Plan in 1995. II. Best Available Science To assist staff in researching best available science for sensitive areas and preparing the background information needed to update the Sensitive Areas Ordinance and the Comprehensive Plan policies, the Department hired Adolfson and Associates. You will find repons and memos prepared by Adolfson in the Background Information portion of your notebooks as well as by Gary Schulz, Urban Environmentalist for the Department. 6300 Southcenter Boulevard, Suite #100 * Tukwila, Washington 98188 · Phone: 206-431-3670 · Fax: 206-431-3665 Natural Environment and Sensitive Area Ordinance Briefing September 15, 2004 III. Proposed Amendments to the Zoning Code The update to the Sensitive Areas Ordinance (SAO) incorporates the GMA requirement to use best available science in the development of regulations governing GMA identified critical areas. The revisions to the SAO apply city -wide. The organization of the ordinance has been completely revised to make it easier to use. The other major changes to the City's sensitive areas ordinance would: Revise the watercourse rating system; Identify the requirements for sensitive area studies; Exempt wetlands 2,500 sq. ft. and less that do not meet any of the identified criteria for wetlands in the proposed sensitive areas ordinance; Increase the mitigation ratio required for enhancement of wetlands from 1.5:1 to 3:1; Retain the width of some buffers for wetlands and watercourses, based on the recommendation of the Planning Commission and, Add a new section addressing fish and wildlife habitat conservation areas. A more detailed summary is attached to this memo. The sensitive area mapping inventory has been updated also. The number of wetlands inventoried increased over 100% since 1991, due primarily to the knowledge gained over the last 13 years as development proposals have been reviewed and site visits and /or information provided by applicants has identified wetland sites. III. Planning Commission Action In the Council notebooks, you have a copy of the Planning Commission approved Comprehensive Plan amendments, recommended Sensitive Areas Ordinance, revisions to TMC 18.06, Definitions Chapter and recommended revisions to TMC 18.50.110. After reviewing staff recommendations, consultant analysis and other background information, the Planning Commission did not revise buffer widths for wetlands and watercourses, but retained the existing buffer widths from the 1995 Sensitive Area Ordinance. Any regulations or policies that deviate from best available science must be supported by findings by the adopting jurisdiction. Included in your notebook are comments prepared by Planning Commissioner Vern Meryhew that provide an explanation of his reasons for the action on the buffer widths. These comments will be discussed at a Planning Commission meeting on September 16, 2004. IV. Staff Comments As noted above, the Planning Commission is scheduled to meeting on Thursday, September 16, 2004 to provide additional guidance to staff on their decision on wetland and watercourse buffer widths. Staff will provide additional information at the briefing on September 20, 2004 on the 2 q: \1 -04 SAO Update \9 -15 Council Memo.doc Natural Environment and Sensitive Area Ordinance Briefmg September 15, 2004 relationship between the Planning Commission decision on buffer widths and best available science. We look forward to briefing you on these proposed changes. If you have any questions, please contact me at 431-3670. Attachment: Comprehensive Plan Update: Natural Enviroarnent and Sensitive Areas Ordinance Notebook, City Council Review, 2004. 3 q:\1-04 SAO Update\9-15 Council Memo.doc SUMMARY OF PROPOSED REVISIONS TO PLANNING COMMISSION RECOMMENDED SENSITIVE AREAS ORDINANCE (TMC 18.45) 18.45.010 Purpose A reference to the Revised Code Washington codifying the GMA is added to this section along with adding the goal of utilizing best available science in regulating and protecting sensitive areas. 18.45.AA Best Available Science New section added to identify the State requirement to use BAS both when preparing policies and regulations governing critical/sensitive areas. 18.45.020 Sensitive Area Applicability, Maps and Inventories This section identifies the sensitive areas that are covered by this ordinance and those sensitive areas that are covered by other City regulations (seismic hazards and frequently flooded areas). It has been revised to take out the sensitive areas rating methodologies and classifications. These are moved to each of the new Chapter sections on wetlands, watercourses and potential geologically unstable areas (18.45.CC, Wetland Designations, Ratings and Buffers; 18.45.EE, Watercourse Designations, Ratings and Buffers; and 18.45.GG, Areas of Potential Geologic Instability Designations, Ratings and Buffers). Language is added to make clear the City is to ensure compliance with the SAO and that an applicant must comply with all aspects of the SAO. Language is also added to allow the updating of sensitive area maps without going back to the City Council for adoption. 18.45.BB Sensitive Area Special Studies New section establishing clearer criteria for preparing sensitive area studies and identifying the required qualifications of individuals who prepare these studies. The requirements for geotechnical studies have been moved to this section. A requirement is added that the sensitive area studies must use scientifically valid methods. A new section is added that permits the study requirements to be modified by the Director. 18.45.030 Interpretation No changes to this section This section has been deleted. Buffers and their variation are addressed in each of the sensitive area sections (wetlands, watercourses and potential geologically unstable areas). 18.45.060 Procedures Minor changes to this section to correct terminology and references to Planned Residential Development chapter of the Zoning Code. September 15, 2004 Planning Commission Recommended Draf~ Sensitive Areas Ordinance 18.45.080 Sensitive Area Permitted Uses The permitted uses that apply to all sensitive areas, such as Essential Utilities; Essential Streets, Roads and Rights-of-Way; Public Use and Access; and Dredging, Digging or Filling, have been consolidated here in this section. The uses that apply only to specific sensitive areas (i.e. wetlands, watercourses etc.) are addressed in each of those sensitive area sections (18.45.DD, Wetland Uses, Alterations and Mitigation; 18.45.FF, Watercourse Uses, Alterations and Mitigation; and 18.45.HH, Areas of Potential Geologic Instability Uses, Exemption, Alterations and Mitigation). 18.45.CC Wetland Designations, Ratings and Buffers This new section brings together designations, ratings and buffers for wetlands. The criteria for Type 2 and 3 wetlands have been revised. The Planning Commission retained the current wetland buffer widths, 100 feet for Type 1 wetland, 50 feet for Type 2 wetland and 23 feet for a Type 3 wetland. New criteria are included to identify when a buffer reduction may be allowed. 18.45.DD Wetland Uses, Alterations and Mitigation This section includes new language that would permit altering Type 2 wetlands under very limited circumstances. The current SAO only permits alterations to Type 3 wetlands unless a reasonable use exception is approved. Also, the possibility of alterations to an isolated wetland formed on fill material is introduced. The mitigation ratio remains the same, 1.5 to 1, for wetland creation or restoration. However, if an applicant opts to enhance a wetland instead of creating new or restoring existing wetland, the mitigation ratio rises to 3:1. A hierarchy of alteration preferences is identified, with avoidance of wetland and buffer impacts the highest preference. Requirements for mitigation plans and location are not revised substantially. 18.45.EE Watercourse Designations, Ratings and Buffers The watercourse rating system has been revised to simplify the rating system and bring it more into line with the State's watercourse rating system. The Green/Duwamish River is now included as a Type 1 watemourse, but it will continue to be regulated through the City's shoreline master program, rather than this Chapter. Type 2 watercourses are perennial streams with salmonids, Type 3 watercourses are perennial streams without salmonids, and Type 4 watercourses are intermittent streams without salmonids. The Planning Commission retained the existing buffers for watercourses, 70 feet for a Type 2 watercourse, 35 feet for a Type 3 watercourse and 15 feet for a Type 4 watercourse. 18.45.FF Watercourse Uses and Mitigation This section consolidates the general permitted uses from 18.45.080 A. and the specific uses listed for watercourses in 18.45.080 D. 2 q:\l-04 SAO IJpdate~Summary SAO Changes.doc September 15, 2004 Planning Commission Recommended Dra~ Sensitive Areas Ordinance 18.45.GG Areas of Potential Geologic Instability Designation, Rating and Buffers This section has been revised to incorporate the recommendations from Landau Associates. The threshold for slopes that are regulated by the SAO is reduced from 20% to 15% to be consistent with the Growth Management Act - WAC 365-190-080(4). 18.45.HH Areas of Potential Geologic Instability Uses, Exemptions, Alterations and Mitigation Most of this section is from 18.45.080 E. A list of activities that are exempt from SAO regulation as areas of potential geologic instability has been added. Geotechnical report criteria have been moved to the Special Studies Section, 18.45.BB. 18.45.II Abandoned Mine Areas This section is unchanged except that it is now its own section within the Chapter, rather than being included in 18.45.080 F. 18.45.080 G. Areas of Important Geological or Archaeological Evidence It is proposed that this be deleted from the SAO as it is not a true sensitive/critical area as identified by the GMA. TMC 18.50.110 currently addresses archaeological/paleontological sites for properties located in the Manufacturing Industrial Center districts. The Planning Commission recommends TMC 18.50.110 be expanded to apply to all zoning districts in the City. Archaeologically significant areas are also addressed through SEPA, if the project is subject to environmental review. Geological hazard areas are addressed under the Areas of Potential Geologic Instability sections. 18.45.JJ Fish and Wildlife Habitat Conservation Areas This new section has been added to address the GMA requirement to protect fish and wildlife habitat areas. 18.45.KK Sensitive Area Master Plan Overlay This new section is proposed to permit flexibility in the application of the sensitive areas ordinance under limited circumstances. 18.45.090 Sensitive Area Tracts and Easements This section has been modified to permit the use of easements as well as tracts to protect sensitive areas. 18.45.115 Exceptions This section has been revised to incorporate recent court cases. The size of wetlands exempt from the SAO has been revised upwards to 2,500 sq. ft. from the current threshold of 1,000 sq. ft. A subsection on Emergencies has been added. 3 q:\1-04 SAO IJpdate~Summary SAO Changes.doc September 15; 2004 Planning Commission Recommended Draft Sensitive Areas Ordinance 18.45.120 Variances It is proposed that this section be deleted as it duplicates the Reasonable Use process identified in 18.45.115. 18.45.125 Appeals Minor changes proposed to this section. 18.45.130 Recording Required 18.45.135 Assurance Device 18.45.140 Assessment Relief Minor wording changes to these sections. 4 q:\l-04 SAO Update~Summary SAO Changes.doc