HomeMy WebLinkAboutCAP 2010-07-12 Item 2A - Memo - 2010 Sensitive Areas Ordinances & Map AmendmentsTO:
City of Tukwila
Mayor Haggerton
Community Affairs and Parks Committee
INFORMATIONAL MEMORANDUM
FROM: Jack Pace, Director, Department of Community Development
DATE: July 7, 2010
SUBJECT: 2010 Sensitive Areas Ordinance and Map Amendments
ISSUE
The City Council adopted new sensitive area regulations in 2004. After implementing these regulations for
six years, there are minor revisions that are needed to improve the ordinance as well as housekeeping
changes to maintain consistency with the Shoreline Master Program changes In addition, there are some
sensitive areas identified on the SAO map that are incorrect the current regulations require Council review
and approval before any areas can be removed from the sensitive areas map
BACKGROUND
Jim Haggerton, Mayor
I
The Council approved a major revision to the City's sensitive area regulations in 2004. In the intervening
years, as development applications involving sensitive areas have been reviewed and implemented, staff
has identified a few areas of the ordinance that could be improved, which include the following
Clarify information to be included in sensitive area special studies and mitigation plans;
Revise wetland classification system and mitigation ratios to be consistent with the Washington State
Department of Ecology's wetland rating system and Best Available Science;
Clarify where buffer mitigation must be carried out;
Provide criteria for trails and footbridges in sensitive areas;
Clarify restrictions and requirements for watercourse piping,
Provide enforcement and penalty provisions;
Remove from the Sensitive Area maps seven wetlands and a stream that further reconnaissance has
shown do not meet the criteria for sensitive areas.
In February, 2010, the City Council directed staff to take the proposed sensitive area regulation
amendments to the Planning Commission for its review. The Planning Commission completed its work on
June 24, 2010 and approved Planning Commission Recommended Revisions to the Sensitive Areas
Ordinance for Council consideration.
DISCUSSION
The Planning Commission held a public hearing on the proposed revisions and received testimony from
three Tukwila residents; in addition, the Muckleshoot Indian Tribe and the Department of Ecology provided
written comments on the proposed revisions prior to the close of the public hearing One written comment
was received after the close of the hearing. The Planning Commission approved revisions to the staff
proposed changes to the Sensitive Areas Ordinance to reflect many of the comments received on the
document.
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INFORMATIONAL MEMO
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Staff has prepared a document entitled "Addendum to SAO Departures Memo for Wetland and Watercourse
Buffer Widths Attachment A. This document is needed to address areas where the SAO continues to
depart from Best Available Science. This memorandum supplements the Departures Memo prepared in
2004.
Staff has prepared a strikeout/underline version of the Planning Commission recommended changes along
with explanations for the changes as Attachment B. The areas proposed for removal from the Sensitive
Areas map are identified in Attachment C. The proposed ordinance comprising the revisions to the SAO is
found as Attachment D
The next step in the update process is for the City Council to start their review of the Planning Commission
Recommended Sensitive Areas Ordinance and gather comments from the public at a public hearing. Prior
comments from the Planning Commission public hearing are included in the legislative binder, see
Attachment E.
Staff would like input from the City Council on the process and level of review they would like in moving
forward on the draft ordinance. Some options include:
1) The draft provided by the Planning Commission could be acted upon by the City Council at the August
2nd regular Council meeting
2) Staff could prepare a matrix of the public comments received at the hearing for the Council's review at
the August 9 COW meeting. Council could then identify the comments they would like to incorporate into
the final version of the code as well as any areas where they would like staff to develop new alternatives or
approaches. Staff would then come back to the Council with revised language at a regular Council meeting
for possible adoption.
3) Staff could schedule one, 2 -hour work session on the Planning Commission draft. At the work session
Council could review the matrix of public comments received as part of the public hearing and identify
possible changes. After the work session, the proposed ordinance would go back to a COW meeting for
discussion before going to a regular Council meeting for possible adoption
RECOMMENDATION
The Committee is asked to forward the draft ordinance to the Committee of the Whole for a public hearing
on July 26 After hearing the public comments, the Council will be asked to select one of the review
options above.
As always, DCD staff is available to meet with City Council members to walk through the draft code or to
answer any questions. Please contact Carol Lumb or Sandra Whiting to schedule a time to meet.
ATTACHMENTS
A. Addendum to SAO Departures Memo for Wetland and Watercourse Buffer Widths
B Strike out /underline version of proposed SAO revisions:
C. Proposed SAO Map Removals (7)
D. Draft Ordinance
E. Legislative History Binder
?V Range Projects12010 SAO Amdts\Council17 -7 -10 CAP Memo.doc