HomeMy WebLinkAboutCDN 2018-06-26 Item 2B - Update - Zoning Code Amendments: TMC Chapter 18.45 "Environmentally Sensitive Areas"City of Tukwila
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
TO: Community Development and Neighborhoods Committee
FROM: Jack Pace, Director Community Development
BY: Minnie Dhaliwal, Planning Supervisor and Andrea Cummins, Urban
Environmentalist
CC: Mayor Ekberg
DATE: June 20, 2018
SUBJECT: Update of TMC 18.45, Environmentally Sensitive Areas
ISSUE
Periodic update of the sensitive area regulations to reflect current best available science (BAS)
as required by the Growth Management Act.
BACKGROUND
All cities in Washington are required to adopt critical areas regulations by the Growth
Management Act (GMA) (RCW 36.70A.060). Critical area, as identified in the GMA include
wetlands, frequently flooded areas, streams, geologically hazardous areas (steep slopes), and
fish and wildlife habitat conservation areas. In addition, cities are to give special consideration to
conservation or protection measures necessary to preserve or enhance anadromous fisheries.
Cities are required to include the best available science in developing policies and development
regulations to protect the functions and values of critical areas (RCW 36.70A.172). All
jurisdictions are required to review, evaluate, and, if necessary, revise their critical areas
ordinances according to an update schedule provided per RCW 36.70A.130. Tukwila's sensitive
area regulations were adopted eight years ago in 2010. An update to the City's sensitive areas
ordinance is required per GMA and the City must consider and include best available science
(BAS). Any deviations from BAS recommendations should be identified, assessed, and
explained (WAC 365-195-915). Washington State Department of Ecology oversees sensitive
area updates and provides direction on BAS.
DISCUSSION
Elements of this update include:
• Comparison of existing code to BAS and development of a gap analysis to identify
in consistences.
• Development of a Departures Report, as required, identifying and explaining proposed
deviations from BAS.
• Outreach to affected property owners throughout the City to include mailings, newspaper
articles, webpages, and an open house.
• Integration of tree retention, removal and replacement requirements for trees and
vegetation in sensitive areas.
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INFORMATIONAL MEMO
June 19, 2018
Page 2
Anticipated key revisions include:
• Increased buffer width for higher quality wetlands (Category 1, 2, and 3) and streams to
meet BAS recommendations.
• Changes to the buffer reduction allowances to meet BAS.
• Inclusion of buffer averaging as an alternative to buffer reduction to meet BAS.
• Updated wording to explicitly allow for purchase of mitigation credit from an in -lieu fee
program, if that is the best choice ecologically for a project.
• Inclusion of tree retention, removal and replacement requirements to allow for clearer use
of this chapter.
• Criteria that requires when peer -review of a geotechnical report for a steep slope
development is required.
• Creation of a standard setback or buffer width on areas of steep slopes. A peer-reviewed
geotechnical report may be used to justify the reduction or elimination of this buffer.
Staff proposes the following timeline for implementation:
• July — October 2018, Public Outreach
• October - November 2018, Planning Commission working session, public hearing, and
review
• First quarter 2019, Council working session, public hearing, and review
FINANCIAL IMPACT
No financial impact.
RECOMMENDATION
Forward this item to the Planning Commission for consideration and review. After Planning
Commission review and hearing staff will return to the Committee with the Planning
Commission's recommendations.
ATTACHMENTS
None
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