HomeMy WebLinkAboutReg 2011-08-15 Item 6B.2 - Shoreline Master Program - Ordinance - Amend Shoreline Element of Comprehensive Land Use PlanCity of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2270;
AMENDING THE SHORELINE ELEMENT OF THE CITY'S
COMPREHENSIVE LAND USE PLAN TO INCORPORATE
POLICIES THAT REFLECT NEW STATE REQUIREMENTS FOR
AREAS SUBJECT TO SHORELINE JURISDICTION; 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 /Duwamish 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 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 the
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
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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) required the City of
Tukwila to amend its Shoreline Master Program by December 1, 2009; and
WHEREAS, the City of Tukwila's Shoreline Master Program is implemented by
regulations codified at TMC Chapter 18.44, which are in turn guided by the Tukwila
Comprehensive Plan's Shoreline Goals and Policies; and
WHEREAS, the Tukwila Comprehensive Plan's Shoreline Goals and Policies were
adopted in Ordinance No. 1757, specifically, Goals and Policies 5.1 -5.10; and
WHEREAS, in order to amend the Tukwila Shoreline Master Program, it is
necessary to update the Comprehensive Plan Shoreline Goals and Policies, which have
not been updated since 1995, to reflect the updated WAC 173 -26 regulations for
shoreline master programs; 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 additional public input, revised the staff's draft Shoreline Master Program,
and in February 2009 recommended the City Council adopt the Planning Commission's
revised Shoreline Master Program; 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
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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 no net loss of shoreline ecological functions,
to address adverse cumulative impacts and to fairly allocate the burden of addressing
cumulative impacts among proposed developments; 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 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 that received updates of the
shoreline review process and articles in the City's newsletter; and
WHEREAS, one of the purposes of the Comprehensive Plan is to protect the
natural environment, including shoreline areas, because they are an essential
contributor to the overall welfare of the City's residents and businesses; and
WHEREAS, the revisions to the Comprehensive Plan Policies for the shoreline
address changes in shoreline character and the need to further protect the shoreline
resources for public safety, flood control and habitat improvement; and
WHEREAS, notice was provided to the Washington State Department of
Commerce, pursuant to RCW 36.70A.106; and
WHEREAS, the City Council adopted several ordinances on December 14, 2009,
adopting by reference the components of a new Shoreline Master Program; and
WHEREAS, those ordinances included Ordinance No. 2270, which amended
certain Goals and Policies in the Shoreline Element of the Comprehensive Plan; and
WHEREAS, Section 3 of Ordinance No. 2270 provided that it would not be effective
until the later of five days after passage and publication or approval by the Washington
State Department of Ecology of the Shoreline Master Program in the form attached to
Ordinance No. 2270 as Attachment A; and
WHEREAS, thereafter, City staff submitted Ordinance No. 2270 and the ordinances
adopting the other components of the Shoreline Master Program to the Department of
Ecology for review and approval; and
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WHEREAS, the Department of Ecology accepted written public comments on the
City's December 14, 2009 Shoreline Master Program, and held a public hearing on
September 29, 2010; and
WHEREAS, the Department of Ecology reviewed the adopted Shoreline Master
Program and required and recommended certain changes to the Program as a
condition of final Department of Ecology approval; and
WHEREAS, notice of the review of DOE's required and recommended changes
was provided via postings on the City's web site, a -mails to the broadcast e-mail group,
and articles in the "Hazelnut" and "Tukwila Reporter;" and
WHEREAS, the City Council conducted a work session on May 11, 2011, to
consider the DOE required and recommended changes, and held a public hearing on
June 27, 2011 to receive public testimony on the DOE required and recommended
changes; and
WHEREAS, the City Council concurs with and desires to adopt DOE's required
changes and some of its recommended changes;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Comprehensive Plan Policies Amended. Goals and Policies 5.1
5.12 of the Shoreline Element of the City of Tukwila's Comprehensive Land Use Plan
are hereby amended to read as shown in "Attachment A" to this ordinance.
Section 2. Repealer. Ordinance No. 2270, including Goals and Policies 5.1 5.11
of the Shoreline Element of the City of Tukwila's Comprehensive Land Use Plan
included as "Attachment A" thereto, 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
upon approval of the Shoreline Master Program by the Washington State Department of
Ecology and publication as provided by law.
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PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 2011.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Shelley M. Kerslake, City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Attachment A: City of Tukwila Comprehensive Plan Policies
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