HomeMy WebLinkAboutSEPA E02-015 - CITY OF TUKWILA - SECURE COMMUNITY TRANSITION FACILITIES CODE AMENDMENTSSECURE COMMUNITY
TRANSITION FACILITIES
CODE AMENDMENTS
CITY -WIDE
E02 -015
Dept. Of'Community Development
City of Tukwila
AFFIDAVIT OF DISTRIBUTION
1. M r t,,,,.¢. eD1,, HEREBY DECLARE THAT:
Notice of Public Hearing
v
Determination of Non - Significance
Notice of Public Meeting
Mitigated Determination of Non-
Significance
Board of Adjustment Agenda Pkt
Project Number: E0-2.--0\S
Determination of Significance & Scoping
Notice
Board of Appeals Agenda Pkt
Notice of Action
Person requesting mailing:
Planning Commission Agenda Pkt
Official Notice
Short Subdivision Agenda
Notice of Application
Shoreline Mgmt Permit
Notice of Application for Shoreline Mgmt
Permit
__
__
FAX To Seattle Times
Classifieds
Mail: Gail Muller Classifieds
PO Box 70 - Seattle WA 98111
Other
Was mailed to each of the addresses listed on this day of ,J,---e—in the
year 20 D2--
P:GINAWYNETTA/FORMS /AFFIDAVIT -MAIL 08/29/003:31 PM
Project Name:
Project Number: E0-2.--0\S
Mailer's Signature: /101-4-'-"'e-
i
Person requesting mailing:
14
P:GINAWYNETTA/FORMS /AFFIDAVIT -MAIL 08/29/003:31 PM
City' of Tukwila
Steven M. Mullet, Mayor
Department of Comm / %nity Development Steve Lancaster, Director
NOTICE OF DECISION
To: Elaine Taylor, DSHS, Special Commitment Center/ Lands and Building
State Department of Ecology, SEPA Division
Agencies listed on the attached form
PROJECT: Code amendments regarding secure community transition facilities
FILE NUMBERS: E02 -015
ASSOCIATED FILES: L02 -022
APPLICANT: City of Tukwila
LOCATION: City Wide
This notice is to confirm the decision reached by Tukwila's SEPA Official to issue a
Determination of Non-significance (DNS) for the above project based on the
environmental checklist and the underlying permit application.
Project materials including the application, environmental checklist, and draft ordinance
related to this determination are available for inspection at:
Tukwila Department of Community Development
6300 Southcenter Blvd., Suite 100
Tukwila, WA 98188
Monday through Friday 8:30 a.m. - 5:00 p.m.
The project planner is Minnie Dhaliwal, who may be contacted at (206) 431 -3685 for
further information.
The decision is appealable to the Superior Court pursuant to the Judicial Review of Land
Use Decisions, Revised Code of Washington (RCW 36.70C).
Last saved 06/21/02
6300 Southcenter Boulevard, Suite #100 0 Tukwila, Washington 98188 0 Phone: 206 - 431 -3670 0 Fax: 206 - 431 -3665
• s
City of Tukwila
Department of Community Development / 6300 Southcenter BL, Suite 100 / Tukwila, WA 98188 / (206) 431 -3670
DETERMINATION OF NON - SIGNIFICANCE (DNS)
File Number: E02 -015
Applied: 06/11/2002
Issue Date: 06/20/2002
Status: ISSUED
Proponent: CITY OF TUKWILA
Lead Agency: City of Tukwila
Description of Proposal:
Code amendments regarding secure community transition facilities
Location of Proposal:
Address:
Parcel Number:
Section/Township /Range: CITY WIDE
The City has determined that the proposal does not have a probable significant adverse impact on the environment. An
environmental impact statement (EIS) is not required under RCW 43.21c.030(2) (c). This decision was made after review of a
completed environmental checklist and other information on file with the lead agency. This information is available to the public on
request.
This DNS is issued under WAC 197 -11- 340(2). Comments must be submitted by �'^J 14► 20o L
The lead agency will not act on this proposal for 14 days from the date below.
Steve Lancaster, Responsible Official
City of Tukwila
6300 Southcenter Blvd
Tukwila, WA 98188
(206)431 -3670
Vn2 2.4)1 ZOO 2_
Date
Any appeal shall be linked to a specific governmental action. The State Environmental Policy Act is not intended to create a cause
of action unrelated to a specific governmental action. Appeals of environmental determinations shall be commenced within the
time period to appeal the governmental action that is subject to environmental review. (RCW 43.21C.075)
doc: Miscperm
E02 -015 Printed: 06 -20 -2002
• •
CITY OF TUKWILA
Department of Community Development
6300 Southcenter Boulevard, Tukwila, WA 98188
Telephone: (206) 431 -3670 FAX (206) 431 -3665
E -mail: tukplan a,ci.tukwila.wa.us
SEPA
ENVIRONMENTAL
REVIEW
APPLICATION
NAME OF PROJECT/DEVELOPMENT:
o r,
LOCATION OF PROJECT/DEVELOPMENT: (Give street address or, if vacant, indicate
lot(s), block and subdivision, access street, and nearest intersection. LIST ALL 10 DIGIT PARCEL
NUMBERS.
LA-) u)ti
Quarter:
Section: Township: Range:
(This information may be found on your tax statement.)
DEVELOPMENT COORDINATOR :
The individual who:
• has decision making authority on behalf of the applicant in meetings with City staff,
• has full responsibility for identifying and satisfying all relevant and sometimes overlapping
development standards, and
• is the primary contact with the City, to whom all notices and reports will be sent.
Name:
Address: / 2 6D s-4-'
(btu a vt)
Phone:
((- c-.r31 -3470
Signatur
C: \homepage \tukwila \dcd \ apps \SEPAAPP.DOC, 08/31/00
FAX:
Date: (((/
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FOR ST4IF USE ONLY SIERRA TYPE P -SEPA
Planner:
• �L`A `
File Number: G 0-2– `O IS
Application Complete
(Date:
)
Project File Number:
GO_ — 0 2 Z
Application Incomplete
(Date:
)
Other File Numbers:
NAME OF PROJECT/DEVELOPMENT:
o r,
LOCATION OF PROJECT/DEVELOPMENT: (Give street address or, if vacant, indicate
lot(s), block and subdivision, access street, and nearest intersection. LIST ALL 10 DIGIT PARCEL
NUMBERS.
LA-) u)ti
Quarter:
Section: Township: Range:
(This information may be found on your tax statement.)
DEVELOPMENT COORDINATOR :
The individual who:
• has decision making authority on behalf of the applicant in meetings with City staff,
• has full responsibility for identifying and satisfying all relevant and sometimes overlapping
development standards, and
• is the primary contact with the City, to whom all notices and reports will be sent.
Name:
Address: / 2 6D s-4-'
(btu a vt)
Phone:
((- c-.r31 -3470
Signatur
C: \homepage \tukwila \dcd \ apps \SEPAAPP.DOC, 08/31/00
FAX:
Date: (((/
0 2--'
•
STATE ENVIRONMENTAL CHECKLIST
Please respond to all questions. Use separate sheets as necessary.
Applicant Responses:
A. BACKGROUND
1. Name of proposed project, if applicable:
Code amendments related to secure community transition facilities.
2. Name of Applicant:
City of Tukwila
Department of Community Development
Minnie Dhaliwal
6300 Southcenter Boulevard, Suite 100
Tukwila WA 98188
206 - 431 -3670
3. Date checklist prepared:
June 11, 2002.
4. Agency requesting checklist:
City of Tukwila
5. Proposed timing or schedule (including phasing, if applicable):
Revisions to Tukwila's zoning code (pertaining to secure community
transition facilities) are expected to be adopted by August 2002.
6. Do you have any plans for future additions, expansion,
or further activity related to or connected with this
proposal? If yes, explain.
No
7. List any environmental information you know about that
has been prepared, or will be prepared, directly related
to this proposal.
None
8. Do you know whether applications are pending for governmental
approvals of other proposals directly affecting the property covered by
your proposal? If yes, explain.
1
Agency Comments
No other code revisions are currently planned for similar uses.
9. List any government approvals or permits that will be needed for your
proposal.
Recommendation of approval of the code changes by the Planning
Commission and legislative approval by the Tukwila City Council.
10. Give brief, complete description of your proposal, including the
proposed uses and the size of the project and site. There are several
questions later in this checklist that ask you to describe certain aspects
of your proposal. You do not need to repeat those answers on this page.
Proposed code changes address the siting of secure community transition facilities within the City
of Tukwila. These code amendments are proposed to be consistent with State Law, Engrossed
Substitute Senate Bill 6594, which requires cities to plan for siting of secure community transition
facilities by September 1, 2002.
11. Location of the proposal. Give sufficient information for a person to
understand the precise location of your proposed project, including a
street address, if any, the tax lot number, and section, township, and
range. If a proposal would occur over a range of area, provide the
range or boundaries of the site(s). Provide a legal description, site plan,
vicinity map, and topographic map, if reasonably available. While you
should submit any plans required by the agency, you are not required
to duplicate maps or detailed plans submitted with any permit
applications related to this checklist.
This is a non - project action that would affect regulations for siting of secure
community transitional facilities within the City of Tukwila.
12. Does the proposal lie within an area designated on the City's
Comprehensive Land Use Policy Plan Map as environmentally
sensitive?
As this is a non - project action that would affect regulations throughout the
City including some areas classified as environmentally sensitive areas.
However Tukwila's Sensitive Areas Ordinance would still apply to
wetlands, watercourses, steep slopes and their buffers.
B. ENVIRONMENTAL ELEMENTS
1. Earth
a. General description of the site (circle one): Flat, rolling, hilly, steep
slopes, mountainous, other:
The new regulations would apply to all areas that lie within the limits of City
of Tukwila.
b. What is the steepest slope on the site (approximate percent slope)?
2
• •
Slopes of up to 40% or more lie within the City limits. However the
proposed code amendments would not change any regulations pertaining to
steep slopes.
c. What general types of soils are found on the site (for example, clay,
sand, gravel, peat, muck)? If you know the classification of agricultural
soils, specify them and note any prime farmland.
Different types of soils exist within the city limits. This is a non - project
action so there is not a need for more detailed soil information.
d. Are there surface indications or history of unstable soils in the
immediate vicinity? If so, describe.
Yes, there are areas of unstable soils within Tukwila. Areas of potential
geologic instability are shown on Tukwila's Sensitive Areas maps.
e. Describe the purpose, type, and approximate quantities of any filling or
grading proposed. Indicate source of fill.
This is a non - project action so specific information about filling and grading
for future development is not available.
f. Could erosion occur as a result of clearing, construction, or use?
If so, generally describe.
g.
Erosion could occur as a result of future construction. However this is a non -
project action. Impacts associated with individual developments shall be
analyzed at the time of such applications.
About what percent of the site will be covered with impervious surfaces
after project construction (for example, asphalt or buildings)?
This is a non - project specific action so specific information about the
impervious surfaces is not available.
h. Proposed measures to reduce or control erosion, or other impacts to the
earth, if any:
The proposed code changes will not interfere with the existing requirements
for erosion control.
2. Air
a. What types of emissions to the air would result from the proposal (for
example, dust, automobile odors, industrial wood smoke) during
construction and when the project is completed? If any, generally
describe and give approximate quantities if known.
3
• •
The proposed code changes will not change any existing regulations
pertaining to air quality. All future developments shall be required to meet
all air quality regulations.
b. Are there any off -site sources of emissions or odor that may affect your
proposal? If so, generally describe.
Overall city conditions are not likely to be affected by these code changes.
c. Proposed measures to reduce or control emissions or other impacts to
air, if any:
Existing City regulations pertaining to air quality will remain unchanged by
the proposed code amendments.
3. Water
a. Surface:
1. Is there any surface water body on or in the immediate vicinity of
the site (including year -round and seasonal streams, saltwater, lakes,
ponds, wetlands)? If yes, describe type and provide names. If
appropriate, state what stream or river it flows into.
Southgate and Gilliam Creek flow through the City to the
Green/Duwamish River. Tukwila Pond is located within the Urban
Center. There are a number of wetlands within the City limits. However
the proposed code amendments do not change any regulations related to
such surface water bodies.
2. Will the project require any work over, in, or adjacent to (within 200
feet) the described waters? If yes, please describe and attach
available plans.
This is a non - project action and no changes are proposed to existing
regulations that apply to areas within 200 feet of the described waters.
3. Estimate the amount of fill and dredge material that would be
placed in or removed from surface water or wetlands and indicate
the area of the site that would be affected. Indicate the source of fill
material.
This is a non - project action and information about filling and dredging
for future developments shall be obtained at the time of any such
applications.
4. Will the proposal require surface water withdrawals or diversions?
Give general description, purpose, and approximate quantities, if
known.
This is a non - project action so specific information about surface water
withdrawals for future developments is not available.
4
• •
5. Does the proposal lie within a 100 -year floodplain? If so, note
location on the site plan.
The proposed code changes would apply in areas of the City that are
within the 100 year floodplain. Existing City regulations for Flood Zone
Control would continue to apply.
6. Does the proposal involve any discharges of waste materials to
surface waters? If so, describe the type of waste and anticipated
volume of discharge.
This is a non - project action so specific information about discharge of
waste materials as part of future development is not available. The
proposed regulations will not encourage such discharges.
b. Ground:
1. Will ground water be withdrawn, or will water be discharged to
ground water? Give general description, purpose, and approximate
quantities, if known.
No withdrawals or discharges are anticipated through this non - project
action.
2. Describe waste materials that will be discharged into the ground
from septic tanks or other sources, if any (for example: Domestic
sewage; industrial, containing the following chemicals...;
agricultural; etc). Describe the general size of the system, the
number of such systems, the number of houses to be served (if
applicable), or the number of animals or humans the system(s) are
expected to serve:
This is a non - project action and no impacts associated with discharge of
waste material into the ground are anticipated as a result of this code
amendment. All future developments shall meet all regulations related to
discharges from septic tanks or other sources.
c. Water Runoff (including storm water):
1. Describe the source of runoff (including storm water) and method of
collection and disposal, if any (include quantities, if known). Where
will this water flow? Will this water flow? Will this water flow into
other waters? If so, describe.
The proposed code changes shall not change any regulations related to
runoff.
2. Could waste materials enter ground or surface waters? If so,
generally describe.
5
•
No waste materials are expected to enter the ground water as a result of
this non - project action.
d. Proposed measures to reduce or control surface, ground, and runoff
water impacts, if any:
This is a non - project action and no changes are proposed related to surface,
ground and runoff water impacts.
4. Plants
a. Check or circle types of vegetation found on the site:
x
Deciduous tree: alder, maple, aspen,
other
x
Evergreen tree: fir, cedar, pine, other
x
Shrubs
x
Grass
x
Pasture
x
Crop or grain
x
Wet soil plants: cattail, buttercup,
bulrush, skunk cabbage, other
x
Water plants: water lily, eelgrass,
milfoil, other
x
Other types of vegetation
These types of vegetation are found on sites throughout the City.
b. What kind and amount of vegetation will be removed or altered?
This is a non - project action and no changes are proposed to regulations
pertaining to vegetation removal. All future development shall meet all
regulations related to vegetation removal.
c. List threatened or endangered species known to be on or near the site.
There are no known threatened or endangered plant species within the City.
The proposed changes do not impact any regulations related to threatened or
endangered species.
d. Proposed landscaping, use of native plants, or other measures to
preserve or enhance vegetation on the site, if any:
The proposed code changes do not impact any regulations that are related to
landscaping or use of native plants.
5. Animals
a. Circle any birds or animals which have been observed on or near the site or
are known to be on or near the site:
Birds:
Bald eagle, osprey, crows, red tail hawks, great blue heron, green
heron, kingfisher, mallards, robins, starlings and other small
songbirds.
Mammals
Fish
Other
River Otter, Gray squirrel, coyote, raccoon, feral cats, rodents
Bass, salmon, trout, herring, shellfish
b. List any threatened or endangered species known to be on or near the
site.
Chinook salmon and Bull Trout, which have been listed as a threatened
species are found in the Green River and some tributary streams within
Tukwila. Also, Bald Eagle is known to be in certain areas of the City.
c. Is the site part of a migration route? If so, explain.
Salmon migrate through the Green River out to Puget Sound.
d. Proposed measures to preserve or enhance wildlife, if any:
The proposed code changes do not impact any regulations related to wildlife.
6. Energy and Natural Resources
a. What kinds of energy (electric, natural gas, oil, wood stove, solar) will
be used to meet the completed project's energy needs? Describe
whether it will be used for heating, manufacturing, etc.
No change in energy needs is anticipated due to the passage of the code
amendments related to secure community transition facility. This project is
for code amendments for such facilities. If such a facility is proposed it shall
meet all Uniform Building Code requirements.
b. Would your project affect the potential use of solar energy by adjacent
properties? If so, generally describe.
The proposed code changes are not anticipated to impact solar energy.
c. What kinds of energy conservation features are included in the plans of
this proposal? List other proposed measures to reduce or control energy
impacts, if any:
This is a non project action and regulations related to energy conservation
are not part of this code amendment.
7. Environmental Health
• •
a. Are there any environmental health hazards, including exposure to toxic
chemicals, risk of fire and explosion, spill, or hazardous waste, that
could occur as a result of this proposal? If so, describe.
No known environmental health hazards are anticipated as a result of these
changes.
1. Describe special emergency services that might be required.
No additional services beyond what the City currently provides would be
required.
2. Proposed measures to reduce or control environmental health
hazards, if any:
None proposed.
b. Noise
1. What types of noise exist in the area which may affect your project
(for example: traffic, equipment, operation, other)?
Tukwila is bisected by Interstate 5 and 405 and also contains high traffic
principal arterial streets. Portions of Tukwila are subject to airplane noise
from SeaTac International Airport and Boeing Field.
2. What types and levels of noise would be created by or associated
with the project on a short -term or long -term basis (for example:
traffic, construction, operation, other)? Indicate what hours noise
would come from the site.
None beyond what would be expected from incremental redevelopment.
3. Proposed measures to reduce or control noise impacts, if any:
The City has adopted noise regulations. The proposed code changes related
to secure community transition facilities shall not impact any noise
regulations.
8. Land and Shoreline Use
a. What is the current use of the site and adjacent properties?
A wide variety of uses ranging from heavy industrial to single family
residential exist within the City limits.
b. Has the site been used for agriculture? If so, describe.
Portions of the valley floor were used for agriculture prior to construction of
Interstate 5 and Southcenter Mall.
c. Describe any structures on the site.
•
The wide variety of structures in the City limits range from single family
residences or multifamily complexes to multistory steel and concrete
buildings.
d. Will any structures be demolished? If so, what?
Individual structures may be demolished as sites are redeveloped.
e. What is the current zoning classification of the site?
Secure community transitional facilities are proposed to be listed as an
unclassified use in MIC/H zone. The proposed code changes will apply to
the entire city, which has zoning classification ranging from residential to
heavy industrial.
f. What is the current comprehensive plan designation of the site?
The areas where secure community transition facilities are proposed to be
allowed have a comprehensive plan designation of MIC/H. The proposed
code changes will apply to the entire city, which has comprehensive plan
designation ranging from residential to heavy industrial.
g.
If applicable, what is the current shoreline master program designation
of the site?
Most of the area within the City limits is designated Urban.
h. Has any part of the site been classified as an "environmentally
sensitive" area? If so, specify.
Yes. Tukwila has sensitive areas that include wetlands, watercourses and
steep slopes.
i. Approximately how many people would reside or work in the completed
project?
This is a non project action.
Approximately how many people would the completed project displace?
None are anticipated.
k. Proposed measures to avoid or reduce displacement impacts, if any:
None
1. Proposed measures to ensure the proposal is compatible with existing
and projected land uses and plans, if any:
9
•
The proposed code changes are in accordance with the policies of the
Tukwila Comprehensive Plan.
9. Housing
a. Approximately how many units would be provided, if any? Indicate
whether high, middle, or low - income housing?
This is anon project action.
b. Approximately how many units, if any, would be eliminated? Indicate
whether high, middle, or low - income housing.
The proposal is a non project action.
c. Proposed measures to reduce or control housing impacts, if any:
None
10. Aesthetics
a. What is the tallest height of any proposed structure(s), not including
antennas; what is the principal exterior building material(s) proposed?
The height of any structures will be limited by standards in zoning code and
would not be affected by the proposed changes.
b. What views in the immediate vicinity would be altered or obstructed?
This is a non - project proposal that does not recommend any changes to
development standards such that views would be altered. _.
c. Proposed measures to reduce or control aesthetic impacts, if any:
None.
11. Light and Glare
a. What type of light or glare will the proposal produce? What time of day
would it mainly occur?
This is a non - project action and therefore will not produce any light or glare.
b. Could Light or glare from the finished project be a safety hazard or
interfere with views?
This is a non - project action and all applications for future projects will be
subject to all lighting regulations.
c. What existing off -site sources of light or glare may affect your proposal?
No area -wide sources of light or glare are known to affect the City.
10
• •
d. Proposed measures to reduce or control light and glare impacts, if any:
None required.
12. Recreation
a. What designed and informal recreational opportunities are in the
immediate vicinity?
Tukwila has a variety of City and County parks, a golf course, a swimming
pool, and a trail network.
b. Would the proposed project displace any existing recreational uses? If
so, describe.
No
c. Proposed measures to reduce or control impacts on recreation,
including recreation opportunities to be provided by the project or
applicant, if any:
None required.
13. Historic and Cultural Preservation
a. Are there any places or objects listed on, or proposed for, National,
State, or Local preservation registers known to be on or next to the site?
If so, generally describe.
The former Tukwila Grade School at 14475 59th Ave South, which also
served as the Tukwila City Hall and King County Library, is listed on the
National Registry. The 1905 Nelson House at 15643 West Valley Highway,
home to one of the original Tukwila families is listed on the State Register.
b. Generally describe any landmarks or evidence of historic,
archaeological, scientific, or cultural importance known to be on or next
to the site.
The City contains areas of Native American archeological sites.
c. Proposed measures to reduce or control impacts, if any:
The proposed regulations are not expected to have any negative effect on
these historic resources.
14. Transportation
a. Identify public streets and highways serving the site, and describe
proposed access to the existing street system. Show on site plans, if any.
See attached map of the City.
b. Is the site currently served by public transit? If not, what is the
approximate distance to the nearest transit stop?
Tukwila is served by a number of Metro bus routes. A commuter rail station
exists in the vicinity of the 405 and West Valley Highway. A light rail is
planned to pass through the City on its way to SeaTac airport.
c. How many parking spaces would the completed project have? How
many would the project eliminate?
This is a non - project action, and is not expected to affect the parking
requirements or the parking provisions of new projects.
d. Will the proposal require any new roads or streets, or improvements to
existing roads or streets, not including driveways? If so, generally
describe (indicate whether public or private).
No
e. Will the project use (or occur in the immediate vicinity of) water, rail, or
air transportation? If so, generally describe.
Water transportation occurs along the Duwamish Waterway to the north of
the City. BNSF Burlington Northern has a rail yard that serves as a truck transfer
facility off of 124th Street. A light rail line is planned through the City.
Boeing Field is partially within the City Limits and SeaTac Airport is a
quarter mile from the western City limits.
f. How many vehicular trips per day would be generated by the completed
project? If known, indicate when peak volumes would occur.
No changes in vehicular trips are anticipated due to the proposed code
changes.
g.
Proposed measures to reduce or control transportation impacts, if any:
This is a non - project action and is not expected to have transportation
impacts.
15. Public Services
a. Would the project result in an increased need for public services (for
example: fire protection, police protection, health care, schools, other)?
If so, generally describe.
The proposed code changes do not result in an increased need for public
services at this time. Any need for additional public services such as police
protection shall be evaluated at the time such a facility is proposed and such
impacts shall be identified and mitigated during the permit review process.
• •
b. Proposed measures to reduce or control direct impacts on public
services, if any.
None
16. Utilities
a. Circle utilities currently available at the site:
- electricity, natural gas, water, refuse service, telephone, sanitary sewer,
septic system
other:
All of these are available within Tukwila.
b. Describe the utilities that are proposed for the project, the utility
providing the service, and the general construction activities on the site
or in the immediate vicinity which might be needed.
The proposed code changes will not have an effect on utility use or service.
C. SIGNATURE
The above answers are true and complete to the best of my knowledge. I understand that
the lead agency is relying on them to make its decision.
Signature:
Date Submitted:
°Int b
(NON - PROJECT PROPOSALS (E.G., SUBURBAN
PLANS AND ZONING CODE TEXT CHANGES) MUST
COMPLETE THE FOLLOWING PAGES).
..
Please respond to all questions. Use separate sheets as necessary.
Applicant Responses:
D. SUPPLEMENTAL SHEET FOR NON - PROJECT PROPOSALS
(do not use this sheet for project actions)
Because these questions are very general, it may be helpful to read
them in conjunction with the list of elements of the environment.
When answering these questions, be aware of the extent the
proposal, or the types of activities likely to result from the
proposal, would affect the item at a greater intensity or at a faster
rate than if the proposal were not implemented. Respond briefly
and in general terms.
1. How would the proposals be likely to increase discharge to water;
emissions to air; production, storage, or release of toxic or
hazardous substances; or production of noise?
The proposed code changes are not anticipated to affect these areas.
Proposed measures to avoid or reduce such increases are:
None required.
2. How would the proposal be likely to affect plants, animals, fish, or
marine life?
Development or redevelopment of vacant or underutilized sites, generally
will result in loss of plants and animal habitat. The proposed code changes
are not expected to spur redevelopment. The proposed code changes related
to secure community transition facilities are not likely to affect plants,
animals, fish or marine life.
Proposed measures to protect or conserve plants, animals, fish, or
marine life are:
None required.
3. How would the proposal be likely to deplete energy or natural
resources?
The proposed code changes are not expected to cause depletion of energy or
natural resources.
Proposed measures to protect or conserve energy and natural
resources are:
14
• •
None required.
4. How would the proposal be likely to use or affect environmentally
sensitive areas or areas designated (or eligible or under study) for
governmental protection; such as parks, wilderness, wild and
scenic rivers, threatened or endangered species habitats, historic
or cultural sites, wetlands, floodplains, or prime farmlands?
The proposed code changes do not impact any regulations or indirectly
impact any environmentally sensitive areas.
Proposed measures to protect such resources or to avoid or reduce
impacts are:
None required.
5. How would the proposal be likely to affect land and shoreline
use, including whether it would allow or encourage land or
shoreline uses incompatible with existing plans?
The proposed code changes would not affect land and shoreline use and
would not allow or encourage land or shoreline uses incompatible with
existing plans.
Proposed measures to avoid or reduce shoreline and land use
impacts are:
Other existing City ordinances such as Sensitive Areas Ordinance and the
Shoreline Master Program protect these environmentally sensitive areas.
6. How would the proposal be likely to increase demands on
transportation or public service and utilities?
The proposed code changes are not expected to increase demands on
transportation or public service and utilities.
Proposed measures to reduce or respond to such demand(s) are:
None required.
7. Identify, if possible, whether the proposal may conflict with
Local, State, or Federal laws or requirements for the protection of
the environment.
The proposed code changes will make local regulations consistent with
State laws related to siting of essential public facilities and secure
community transition facilities.
DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
AMENDING VARIOUS TUKWILA MUNICIPAL CODE SECTIONS RELATING TO ZONING
AND PERMITTING FOR SECURE COMMUNITY TRANSITION FACILITIES FOR
SEXUALLY VIOLENT PREDATORS; AMENDING PARTS OF ORDINANCE NO. 1974 §14, AS
CODIFIED IN TMC CHAPTER 18.06.178, ADDING NEW SECTION TO TUKWILA
MUNICIPAL CODE CHAPTERS 18.06 DEFINITIONS; AMENDING PARTS OF ORDINANCE
Nos. 1976, 1865 AND 1758 AS CODIFIED IN TMC 18.26.050, 18.28.050, 18.030.050, 19.32.050,
18.34.050, 18.36.050, 18.38.050 AND 18.40.050; AMENDING PARTS OF ORDINANCE Nos. 1770
AND 1758 AS CODIFIED IN TMC 18.66.040; AMENDING PARTS OF ORDINANCE 1865, 1816
AND 1758 AS CODIFIED IN TMC 18.66.060; AMENDING PARTS OF ORDINANCE 1768 AS
CODIFIED IN TMC 18.104.120; PROVIDING. FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, the City of Tukwila desires to implement Engrossed Substitute Senate Bill 6594 that
incorporates the recommendations of the joint select committee on the equitable distribution of secure
community transition facilities;
WHEREAS, the City of Tukwila desires to implement RCW 36.70A.200 related to essential public
facilities by recognizing the City's obligation to make provision for such facilities while regulating the
location of secure community transition facilities so as to allow them in a manner intended to mitigate the
potential impacts of such facilities and provide for the proper and safe operation of such facilities;
WHEREAS, the City of Tukwila desires to implement RCW 71.09.285, which requires the City to
consider the policy guidelines adopted by Department of Social and Health Services when providing for
siting of secure community transition facilities.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Ordinance 1974, §14, as codified at TMC 18.06.178, is amended as follows:
18.06.178 Correctional institution. "Correctional institution" means: "public and private facilities
providing for:
1. the confinement of adult offenders; or
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2. the incarceration, confinement or detention of individuals arrested for or convicted of
crimes whose freedom is partially or completely restricted other than a jail owned and
operated by the City of Tukwila; or
3. the confinement of persons undergoing treatment for drug or alcohol addictions whose
freedom is partially or completely restricted; or
4. transitional housing, such as halfway houses, for offenders who are required to live in such
facilities as a condition of sentence or release from a correctional facility except secure
community transitional facilities as defined under RCW 71.09.020.
Section 2. A new definition is hereby added to TMC Chapter 18.06 as follows:
Secure Community Transitional Facility. "Secure community transitional facility" means a secure
community transitional facility as defined under RCW 71.09.020, which defines it as "a residential facility
for persons civilly committed and conditionally released to a less restrictive alternative under this chapter.
A secure community transition facility has supervision and security, and either provides or ensures the
provision of sex offender treatment services. Secure community transition facilities include but are not
limited to the facilities established pursuant to RCW 71.09.250 and any community -based facilities
established under this chapter and operated by the secretary or under contract with the secretary."
Section 3. Ordinance Nos. 1976 §48, 1856 §33 and 1758, §1 (part), as codified at TMC
18.26.050, are amended as follows:
18.26.050 Unclassified uses.
The following uses may be allowed within the Regional Commercial Mixed Use district, subject to the
requirements, procedures and conditions established by TMC 18.66.
1. Conversions of rental multi - family structures to condominiums or owner- occupied multi - family
housing, but excluding the construction of new condominium or owner- occupied multi - family housing.
2. Essential public facilities, except those uses specifically listed as permitted, er conditionally permit-
ted or listed as an unclassified use in any of the districts established by this title.
3. Hydroelectric and private utility power generating plants.
4. Landfills and excavations which the responsible official, acting pursuant to the State Environmental
Policy Act, determines are significant environmental actions.
5. Mass transit facilities.
Section 4. Ordinance Nos. 1976 §51, 1865 §35 and 1758, §1 (part), as codified at TMC
18.28.050, are amended as follows:
18.28.50 Unclassified uses.
The following uses may be allowed within the Tukwila Urban Center district, subject to the requirements,
procedures and conditions established by the Unclassified Use Permits chapter of this title.
1. Airports, landing fields and heliports (except emergency sites).
2. Conversions of rental multi - family structures to condominiums or owner - occupied multi - family
housing, but excluding the construction of new condominium or owner- occupied multi - family housing.
3. Essential public facilities, except those uses specifically listed as permitted of conditionally
permitted or listed as an unclassified use in any of the districts established by this title.
4. Hydroelectric and private utility power generating plants.
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5. Landfills and excavations which the responsible official, acting pursuant to the State Envi-
ronmental Policy Act, determines are significant environmental actions.
6. Mass transit facilities.
Section 5. Ordinance Nos. 1976 §53 and 1758, §1 (part), as codified at TMC 18.30.050, are
amended as follows:
18.30.50 Unclassified uses.
The following uses may be allowed within the Commercial Light Industrial district, subject to the
requirements, procedures and conditions established by the Unclassified Use Permits chapter of this title.
1. Airports, landing fields and heliports (except emergency sites).
2. Cement manufacturing.
3. Essential public facilities, except those uses specifically listed as permitted, ei conditionally
permitted or listed as an unclassified use in any of the districts established by this title.
4. Hydroelectric and private utility power generating plants.
5. Landfills and excavations which the responsible official, acting pursuant to the State Envi-
ronmental Policy Act, determines are significant environmental actions.
6. Removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits
together with associated structures.
7. Mass transit facilities.
Section 6. Ordinance Nos. 1865 §39 and 1758, §1 (part), as codified at TMC 18.32.050, are amended
as follows:
18.32.50 Unclassified uses.
The following uses may be allowed within the Light Industrial district, subject to the requirements,
procedures and conditions established by the Unclassified Use Permits chapter of this title.
1. Airports, landing fields and heliports (except emergency sites).
2. Animal rendering.
3. Cement manufacturing.
4. Correctional institutions.
5. Essential public facilities, except those uses specifically listed as permitted, er conditionally
permitted or listed as an unclassified use in any of the districts established by this title.
6. Hydroelectric and private utility power generating plants.
7. Landfills and excavations which the responsible official, acting pursuant to the State
Environmental Policy Act, determines are significant environmental actions.
8. Removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits
together with associated structures.
9. Mass transit facilities.
Section 7. Ordinance Nos. 1865 §41 and 1758, §1 (part), as codified at TMC 18.34.050, are amended
as follows:
18.34.50 Unclassified uses.
The following uses may be allowed within the Heavy Industrial district, subject to the requirements,
procedures and conditions established by the Unclassified Use Permits chapter of this title.
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1. Airports, landing fields and heliports (except emergency sites).
2. Cement manufacturing.
3. Correctional institutions.
4. Electrical substation - transmission/ switching.
5. Essential public facilities, except those uses specifically listed as permitted, er— conditionally
permitted or listed as an unclassified use in any of the districts established by this title.
6. Hydroelectric and private utility power generating plants.
7. Landfills and excavations which the responsible official, acting pursuant to the State
Environmental Policy Act, determines are significant environmental actions.
8. Manufacturing, refining, or storing highly volatile noxious or explosive products (less than tank
car lots) such as acids, petroleum products, oil or gas, matches, fertilizer or insecticides; except for
accessory storage of such materials.
9. Railroad freight or classification yards.
10. Removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits
together with associated structures.
11. Transfer stations (refuse and garbage) when operated by a public agency.
12. Mass transit facilities.
Section 8. Ordinance Nos. 1865 §43 and 1758, §1 (part), as codified at TMC 18.36.050, are amended
as follows:
18.36.50 Unclassified uses.
The following uses may be allowed within the Manufacturing Industrial Center/Light Industrial district,
subject to the requirements, procedures and conditions established by the Unclassified Use Permits chapter
of this title.
1. Airports, landing fields and heliports (except emergency sites).
2. Cement manufacturing.
3. Essential public facilities, except those uses specifically listed as permitted, er conditionally
permitted or listed as an unclassified use in any of the districts established by this title.
4. Hydroelectric and private utility power generating plants.
5. Landfills and excavations which the responsible official, acting pursuant to the State
Environmental Policy Act, determines are significant environmental actions.
6. Railroad freight or classification yards.
7. Removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits
together with associated structures.
8. Transfer stations (refuse and garbage) when operated by a public agency.
9. Mass transit facilities.
Section 9. Ordinance Nos. 1976 §58, 1865 §45 and 1758, §1 (part), as codified at TMC 18.38.050, are
amended as follows:
18.38.050Unclassified uses.
The following uses may be allowed within the Manufacturing Industrial Center/Heavy Industrial district,
subject to the requirements, procedures and conditions established by the Unclassified Use Permits chapter
of this title.
1. Airports, landing fields and heliports (except emergency sites).
2. Cement manufacturing.
3. Correctional institution.
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4. Electrical substation - transmission/switching.
5. Essential public facilities, except those uses specifically listed as permitted, or conditionally
permitted or listed as an unclassified use in any of the districts established by this title.
6. Hydroelectric and private utility power generating plants.
7. Landfills and excavations which the responsible official, acting pursuant to the State Envi-
ronmental Policy Act, determines are significant environmental actions.
8. Manufacturing, refining, or storing highly volatile noxious or explosive products (less than tank
car lots) such as acids, petroleum products, oil or gas, matches, fertilizer or insecticides; except, for
accessory storage of such materials.
9. Mass transit facilities.
1N. Railroad freight or classification yards.
110. Removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits
together with associated structures.
12. Secure community transition facility subject to the following location restrictions:
A. No secure community transition facility shall be allowed within the following distances from
the following specified uses, areas or zones, whether such uses, areas or zones are located
within or outside the City limits:
(i) In or within 1,000 feet of any residential zone or residential use.
(ii) Adjacent to, immediately across a street or parking lot from, or within the line of
sight of a "risk potential activity" as defined in RCW 71.09.020, as amended, that
include, but are not limited to:
a) Public and private schools;
b) School bus stops;
c) Licensed day care and licensed preschool facilities;
d) Public parks, publicly dedicated trails, and sports fields;
e) Recreational and community centers;
f) Churches, synagogues, temples, and mosques; and
g) Public libraries
(iii) One mile from any existing secure community transitional facility or correctional
facility.
B. The distances specified in subparagraph A of this subsection shall be measured as specified
under Department of Social and Health Services guidelines established pursuant to RCW
71.09.285, which is by following a straight line from the nearestpoint of the property parcel
upon which the secure community transitional facility is to be located, to the nearest point of
the parcel of property or land use district boundary line from which the proposed land use is
to be separated. The method of measurement may be altered depending on topographic
conditions, size of parcels or substantial intervening barriers such as a fenced freeway or a
river.
1344. Transfer stations (refuse and garbage) when operated by a public agency.
12. Mass transit facilities.
Section 10. Ordinance Nos. 1976 §61, 1865 §47 and 1758, §1 (part), as codified at TMC 18.40.050,
are amended as follows:
18.40.50 Unclassified uses.
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The following uses may be allowed within the Tukwila Valley South district, subject to the requirements,
procedures and conditions established by the Unclassified Use Permits chapter of this title.
1. Airports, landing fields and heliports (except emergency sites).
2. Cement manufacturing.
3. Conversions of rental multi - family structures to condominiums or owner- occupied multi - family
housing, but excluding the construction of new condominium or owner- occupied multi - family housing.
4. Electrical substation - transmission/ switching.
5. Essential public facilities, except those uses specifically listed as permitted, or conditionally
permitted or listed as an unclassified use in any of the districts established by this title.
6. Hydroelectric and private utility power generating plants.
7. Landfills and excavations which the responsible official, acting pursuant to the State
Environmental Policy Act, determines are significant environmental actions.
8. Manufacturing, refining, or storing highly volatile noxious or explosive products (less than tank
car lots) such as acids, petroleum products, oil or gas, matches, fertilizer or insecticides; except for
accessory storage of such materials.
9. Railroad freight or classification yards.
10. Removal and processing of sand, gravel, rock, peat, black soil, and other natural deposits
together with associated structures.
11. Transfer stations (refuse and garbage) when operated by a public agency.
12. Mass transit facilities.
Section 11. Ordinance Nos. 1770 §41 and 1758, §1 (part), as codified at TMC 18.66.040, are
amended as follows:
18.66.40 Application requirements
Applications for unclassified use permits shall be Type 5 decisions and shall be processed pursuant to
TMC 18.108.050. An unclassified use permit application for a secure community transition facility shall be
accompanied by the following:
1. The siting process used for the secure community transition facility, including alternative locations
considered.
2. An analysis showing that utmost consideration was given to potential sites such that siting of the
facility will have no undue impact on any one racial, cultural, or socio - economic group, and that there will
not be a resulting concentration of similar facilities in a particular neighborhood, community, jurisdiction,
_ or region.
3. Proposed mitigation measures including the use of extensive buffering from adjacent uses.
4. A detailed security plan for the facility and the residents.
5. Proposed operating rules for the facility.
6. A schedule and analysis of all public input solicited or to be solicited during the siting process.
Section 12. Ordinance Nos. 1865 §55, 1816 §2 and 1758, §1 (part), as codified at TMC 18.66.060, are
amended as follows:
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Section 14. 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 15. 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 (5) 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 2001.
Steven M. Mullet, Mayor
ATTEST /AUTHENTICATED:
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM:
By
Office of the City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
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