HomeMy WebLinkAboutOrd 2344 - Shoreline Master Program (Repealed by Ord 2626)City of'Tukwila
Washington
Cover page to Ordinance 2344
The full text of the ordinance follows this cover page.
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Ordinance 2344 was amended or repealed by the
following ordinances.
REPEALED
Settion(s) R6,pealed Repealed by Ord 9
2626
1908
City of u la
Washington
Ordinance No.2344
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2269;
REPEALING 1995 SHORELINE MASTER PROGRAM; APPROVING
AND ADOPTING A NEW SHORELINE MASTER PROGRAM
UPDATE FOR THE CITY OF TUKWILA TO INCORPORATE NEW
STATE REQUIREMENTS; 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 State 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 shore-
lines; 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 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, and recommended adoption of a revised Shoreline
Master Program to the City Council in February 2009; 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
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 Toss 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, staff and the
Department of Ecology; and
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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, notice was provided to the Washington State Department of
Commerce, pursuant to RCW 36.70A.106; and
WHEREAS, the City Council adopted Ordinance No. 2269 on December 14, 2009,
which ordinance adopted by reference a new Shoreline Master Program; and
WHEREAS, Section 4 of Ordinance No. 2269 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. 2269 as Exhibit A; and
WHEREAS, the City thereafter submitted the program to the Department of
Ecology for review and approval; and
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 Council 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 the required
changes and some of the recommended changes;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Shoreline Master Program Established. The Shoreline Master
Program with accompanying maps, as set forth in "Attachment A," is hereby adopted
and shall become binding as of the effective date of this ordinance on all properties
within the shoreline jurisdiction.
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Section 2. Repealer. Ordinance No. 2269, including the Shoreline Master
Program adopted by reference in Section 1 thereof, is hereby repealed. Further, the
Shoreline Master Program adopted by reference in Section 5 of the 1995
Comprehensive Plan, adopted in Section 1.A. of Ordinance No. 1757, 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.
PASSED BY THE CITY COUNCIL OF THE CITY O TUKWILA, WASHINGTON, at
a Regular Meeting thereof this T 1 day of fk u.SZ� 2011.
ATTEST /AUTHENTICATED:
D F L 1
Christy O'FlaWerty, CMC, City C44rk
APPROVED AS TO FORM BY:
Smiley M. Kake, pity Attorney
Ji aggert gr�/ayor
Filed with the City Clerk:
Passed by the City Council:
Published: 9 -I a' -i
Effective Date: e,- 52L_]6fiW Ll
Ordinance Number: o�3V1 L/
Attachment A: Shoreline Master Program
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City of Tukwila Public Notice of Ordinance Adoption for Ordinances 2344 -2348.
On August 15, 2011 the City Council of the City of Tukwila, Washington, adopted the
following ordinances the main points of which are summarized by title as follows:
Ordinance 2344: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2269; REPEALING 1995
SHORELINE MASTER PROGRAM; APPROVING AND ADOPTING A NEW
SHORELINE MASTER PROGRAM UPDATE FOR THE CITY OF TUKWILA TO
INCORPORATE NEW STATE REQUIREMENTS; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2345: 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.
Ordinance 2346: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, AMENDING REQUIREMENTS FOR
SHORELINE REGULATIONS CODIFIED AT TUKWILA MUNICIPAL CODE
CHAPTER 18.44, "SHORELINE OVERLAY," TO INCORPORATE NEW
STATE REQUIREMENTS; REPEALING ORDINANCE 2271; REPEALING
ORDINANCE NOS. 1796 §3 (PART), 1775 §2, AND 1758 §1 (PART), AS
CODIFIED AT TUKWILA MUNICIPAL CODE CHAPTER 18.44,
"SHORELINE OVERLAY PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2347: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, REPEALING ORDINANCE NO. 2272;
AMENDING ORDINANCE NO. 1758 §1 (PART); ADOPTING AND
AMENDING DEFINITIONS FOR SHORELINE REGULATIONS, AS
CODIFIED IN CHAPTER 18.06 OF THE TUKWILA MUNICIPAL CODE, TO
INCORPORATE NEW STATE REQUIREMENTS; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2348: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, ADOPTING A 12 -MONTH MORATORIUM WITHIN
THE CITY OF TUKWILA ON THE ESTABLISHMENT, LOCATION, OPERATION,
LICENSING, MAINTENANCE OR CONTINUATION OF MEDICAL CANNABIS
COLLECTIVE GARDENS OR DISPENSARIES, ASSERTED TO BE AUTHORIZED
OR ACTUALLY AUTHORIZED UNDER E2SSB 5073, CHAPTER 181, LAWS OF
2011, CHAPTER 69.51A REVISED CODE OF WASHINGTON, OR ANY OTHER
LAWS OF THE STATE OF WASHINGTON; SETTING A DATE FOR A PUBLIC
HEARING ON THE MORATORIUM; PROVIDING FOR SEVERABILITY; AND
DECLARING AN EMERGENCY AND ESTABLISHING AN EFFECTIVE DATE.
The full text of these ordinances will be provided upon request.
Christy O'Flaherty, CMC, City Clerk
Published Seattle Times: August 18, 2011
STATE 0
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STATE OF WASHINGTON
DEPARTMENT OF ECOLOGY
PO Box 47600 Olympia, WA 98504 -7600 360 407 -6000
711 for Washington Relay Service Persons with a speech disability can call 877 833 -6341
October 14, 2011
The Honorable Jim Haggerton, Mayor
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
RE: Final Ecology Approval of City of Tukwila's
Comprehensive Shoreline Master Program Update
Dear Mayor Haggerton:
The Washington State Department of Ecology (Ecology) is pleased to announce final approval of
the city of Tukwila (City) Shoreline Master Program (SMP). Congratulations to you, your staff,
and the Tukwila community for completing the comprehensive update of your SMP. We know this
has been a long and challenging process. We appreciate your commitment to comprehensive land
use planning for Washington's unique and valuable shorelines.
As you know, the following correspondence regarding the recent SMP comprehensive update took
place between Ecology and the City:
April 9, 2010 The City provided your complete locally- adopted SMP to Ecology
(adopted as Ordinance Nos. 2269, 2270, 2271, and 2272).
March 24, 2011 Ecology conditionally approved the City's SMP comprehensive update
with specific required and recommended changes.
September 1, 2011 (with a clarification on September 22, 2011) The City sent a
letter to Ecology agreeing to 21 of the 25 changes required by Ecology. The City
proposed alternative language for four of the, 25 required changes. Ecology has
accepted the City's four proposed alternatives. These changes have all been
incorporated into Attachment B- Revised (enclosed) and adopted as City
Ordinance Nos. 2345, 2346, 2347, and 2344.
September 1, 2011 The City sent a letter to Ecology agreeing to six of the 12
changes recommended by Ecology. The City proposed alternative language for
three of the 12 recommended changes. Ecology has accepted the City's three
proposed alternatives. The City rejected three of the recommended changes.
These changes have all been incorporated into Attachment C- Revised (enclosed)
and adopted as City Ordinance Nos. 2345, 2346, 2347, and 2344.
a ��a
The Honorable Jim Haggerton
October 14, 2011
Page 2
Upon review, Ecology finds the City's alternative provisions and additional minor changes
proposed in the September 1, 2011 letter, as clarified on September 22, 2011, to be consistent with
the purpose and intent of the changes originally proposed by Ecology, and with the policy of RCW
90.58.020 and applicable rules.
Therefore, Ecology approves the City's SMP comprehensive update, together with the revisions
specified above. This_ action represents Ecology's final decision and there shall be no further
modifications to the City's proposal.
The effective date of the City's SMP comprehensive update is fourteen days from the date of
this letter, Ecology's final approval letter. This fourteen -day period was established by
legislative action in 2011 and is intended to provide lead time for the City to prepare to implement
the new SMP.
Ecology is required to promptly publish notice that your SNIP has received final approval. The notice,
in the form of a legal ad, will begin a 60 -day appeal period. We will provide a copy of the legal ad to
the City for its records.
Finally, please integrate the revisions contained in this correspondence into the City's SNIP, and
forward two clean hard copies and one digital copy of the approved SNIP to Ecology.
Thank you again for your significant work and leadership in completing this SW update. If you have
any questions, please contact our Regional Planner, David Radabaugh, at
david.radabauv_ha,ecv.wa.2ov/ (425) 649 -4260.
Sincerely,
r-,—Q
Ted Sturdevant
Director
Enclosures
By certified mail [7003 1010 0005 0569 1154]
cc: Nora Gierloff, city of Tukwila
Carol Lumb, city of Tukwila
Jack Pace, city of Tukwila
David Radabaugh, Ecology
Peter Skowlund, Ecology
Geoff Tallent, Ecology
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