HomeMy WebLinkAboutReg 2009-12-07 Item 6I - Shoreline Master Program - Summary of CommentsTO: 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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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.
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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.
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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.
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