HomeMy WebLinkAboutPlanning 2019-04-11 Item 3 - Adoption of 3/28/19 MinutesCity of Tukwila
Planning Commission
PLANNING COMMISSION (PC) MINUTES
Date: March 28, 2019
Time: 6:30 PM
Location: Council Chambers
Present: Chair Dennis Martinez; Vice Chair Heidi Walters; Commissioners Sharon Mann, Mike
Hansen, Karen Simmons and Dixie Stark
Absent: Commissioner Louise Strander
Staff: Department of Community Development (DCD) Deputy Director Nora Gierloff, and
Planning Commission Secretary Wynetta Bivens
Adopt Commissioner Stark made a motion to adopt the February 28, 2019
Minutes: minutes. Commissioner Watters seconded the motion. Motion passed.
Chair Martinez opened the public hearing and swore in those wishing to provide testimony.
CASE NUMBER: L18-0075 Shoreline Master Program (SMP) Update
APPLICANT: The City of Tukwila and Department of Ecology
Nora Gierloff, Deputy Director, DCD, gave the presentation for staff. She provided an overview of the
proposed changes. She said two combined changes are being made, 1) Critical Areas Ordinance, for
which the review process has started, and 2) Shoreline Regulations, the focus tonight is only on the
SMP. These changes are combined because there are often critical areas within the shoreline
jurisdiction. Therefore, the changes need to be made concurrently and adopted together. Washington
State requires a periodic review of the regulations to make sure they are current with state law and best
available science. The review of the SMP is due, which provides the opportunity to make sure the
statewide regulations are current. Also, some streamlining, and house -keeping changes will be done to
make the ordinance more usable and understandable, It's been several years since the last updates. She
said the City can create the local SMP, but it needs to be in alignment with the State goals of the
Shoreline Management Act. The Commissioners were asked to think about how the use of shorelines
can be maximized for the greatest amount of people,, as well as preserving the habitats, the ecological
environment and economic possibilities for future generations.
The reason why the State has a say in what the City is doing along the Green River is because it is
considered a shoreline of statewide significance. The City is working jointly with the Department of
Ecology on the policy updates and are discussing proposed changes and coordination with them.
PROPOSED CHANGES:
• Re -write the SMP to streamline history in the document and make additional changes.
• Remove the regulations, goals and policies from the SMP since they are in the Comprehensive
Plan and Zoning Code.
• Update the transition zone map.
• Update the references to the Revised Code of Washington and Washington Administrative
Code References.
• Edit the Zoning Code to be consistent with State regulation.
• Housekeeping and consolidate tables.
• Allow more flexibility for recreational structures in the buffer.
• Adopt King County's trail width standards of 12 ft. with two ft. shoulders on both sides.
• Clarify that people can remove invasive species, such as blackberries along the river.
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without obtaining a Substantial Development Permit.
• When businesses need to do restoration in the shoreline, they are required to monitor the
plantings for survival for five years and replant if they do not survive.
• Accept the proposal in the public review draft to allow more flexibility in the levee design.
• Allow flexibility for floodwalls.
• Double the height incentive to 13.5 ft.
• Reslope (lay back) standard is changed to 3:1 for buffer reduction in urban conservancy
Background was provided on the process.
Commissioner Watters asked staff whether they agreed with the recommendations listed in the
consultant's report. Staff confirmed they agreed with everything and have made all the required
changes, which are included in the public review draft. However, it was noted some of the optional
recommended changes were not made.
PUBLIC COMMENTS:
Nancy Rogers, Landuse Attorney Law Firm Cairn Cross & Hempelmann, on behalf of Segale
Properties, submitted a comment letter at the hearing and walked through the five issues in the letter.
She said the updates to the SMP make sense. Segale has an interest in the Green River because they
own the Tukwila South property, which is along the Green River and it has been prepared for
commercial and residential development.
Issues addressed in the comment letter:
• Request for clarification on what is a permitted use versus "fill, general", which is listed as a
conditional use. Will a Conditional Use Pefruit be required, or will it be a permitted use under
the flood hazard reduction?
• Request to not assume that the Flood Control District will always require a 15 ft. access road
along its levees.
• Request to increase the 30%% height incentive to 35%, which would allow an additional story of
commercial or residential construction.
• Request to delete the proposed language in section 18.44.050.H referencing improvements
regarding specific wildlife.
• Recommendation todelete the proposed language, "the use of the Green River to support
salmon and trout", as well as, "Endangered Species Act", from the Shoreline Design
Guidelines and substitute the following language in the ordinance recitals, "The City of
Tukwila recognizes and celebrates that the Green River and its tributaries support salmon and
resident trout, and that the river flows to Puget Sound which is home to salmonids and southern
esident orca whales, and the City has designed this SMP update to assure no net loss in
ecological function of the river system."
Ms. Rogers said that overall, they support the flexibility in the levee types and allowances for
floodwalls.
Andrea Reay, President/CEO, Seattle Southside Chamber of Commerce, submitted a comment letter
at the hearing, in support of implementation of the Lower Green River Corridor Flood Hazard
Management Plan. Ms. Reay said they appreciate the update, clarity, consistency and the opportunity
to provide feedback on the SMP. They are hopeful that the proposed changes in current and on -going
discussions will maximize opportunities and options to develop and preserve both businesses,
commerce and habitat. She said she wants the City to know that they want to be and continue to be a
collaborative partner in this work and look forward to finding that pragmatic balance that can benefit
everyone.
Bill Toon, citizen, expressed his concerns regarding the 2.5:1 slope in relationship to his property,
which he said is long. He asked for clarification and said it could cause property owners to lose a lot of
land. His also said the plans from the City are inconsistent and clear diagrams are needed.
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Chair Martinez said that Mr. Toon brought up a good point regarding the plans. He requested in the
future that staff provide 24x36 plans and make them available to the PC as well as the public.
There were no additional comments.
The public hearing was closed.
Nora Gierloff asked Dan Nickel, Consultant from The Watershed Company, to join her during
deliberation and to help answer questions. She said that Mr. Nickel has been helping with the SMP re-
write.
DELIBERATION:
Staff requested review of the four policy questions raised in the SMP, listed in the March 28, 2019 staff
report to answer questions for clarity and/or for the Commissioners to identify areas where they would
like to propose revised language. Staff will incorporate the Commissioners policy directions in the
matrix that they will bring back to the Commissioners.
The Commissioners were in consensus with the following policy directions:
1. Minimum Levee Profile:
Alternative A - to accept the proposal in the.. review draft to allow more flexibility in levee
design.
2. Additional Flexibility for F000dwalls;
- No changes to the proposed language in the staff report.
- Commissioner Watters raised the issue of applying some design standards on the
floodwalls.
3. Increased Height Incentives:
- Staff suggested looking at doing something that provides a meaningful incentive for the
property owners and include it in the matrix of comments.
- Commissioner Martinez was in support of Ms. Rogers proposed request for a 35% height
increase.
4. Resloping Standard for Buffer Reduction in Urban Conservancy (optional change, staff is
requesting):
- Commissioner Mann suggested revised language to remove the word `require' in
Alternative A.
Commissioner Stark suggested keeping in mind we want the most flexibility for the
property owner and make sure the language does not make them feel like they are backed
into a corner.
- Commissioner Wafters said a 3:1 standard will increase planting success.
Additional item to add to the matrix
- Consider removing the 45 ft. height limit in the shoreline to encourage buildings in lieu of
parking lots within the outer 100 ft. of the shoreline jurisdiction.
QUESTIONS:
Following are some of the questions addressed for the Commissioners:
Patio and deck sizes, setbacks, height restrictions, buffer reductions, who has final approval of the
SMP, and funding pertaining to private property owners who have land adjacent to the shoreline. There
was extensive discussion on public access to the shoreline and regarding who is responsible for safety
liability and public access maintenance. There was also discussion regarding the parking lot near the
shoreline preventing access to the riverbank. 3
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Commissioners Mann and Stark were strongly opposed to requiring private property owners to allow
the public access to the shoreline via their property.
Misty Blair, with the Department of Ecology said that public access is one of the main goals of the
Shoreline Management Act. She said it is not required on private residential property, but it is a
requirement on public land and commercial or industrial property that, 1) is not water dependent, and
2) can provide access safely. She also stated that public access is a policy required for the whole State
of Washington.
Commissioner Mann asked staff how they determine a project has satisfactorily met the public access
requirements when they approve projects.
Ms. Gierloff directed the Commissioners to page 55 of the Zoning Code,section 18.44.080, that
addresses public access to the shoreline and provided explanation. Mr. Nickel also commented on this
issue. Commissioner Mann also expressed concerns with safety liabilities and responsibility
maintaining the public access. Ms. Blair responded to comments on why the language is not more
prescriptive regarding where public access is provided on private property. Commissioner Watters said
she is in support of the amount of flexibility that the City has expressed they use to address the public
access areas. She said being too prescriptive could have unintended consequencesfor some projects.
There was additional discussion and examples raisedregarding public trail access on property within
1,000 ft. Staff are proposing a code change that will address the public access concern for the
Vietnamese Martyrs Church.
Commissioner Hansen said from a policystand point he thinks .i it is important to have public access
for such things like accessing the river to enjoy such uses as kayaking.
Based on Mr. Toon's comments staff provided some clarification on Shoreline residential buffers.
Commissioner Stark asked several clarifying questions.
NEXT STEPS:
- The public comment period will remain open until April 12th.
- A comment matrix with recommendations to review will be provided at the next meeting.
- Staff will make requested PC revisionsand take the PC recommendation to the City
Council.
DIRECTOR'S REPORT:
- Staff reminded the PC that they will have a special meeting on April 11th on critical areas.
- The regular PC meeting is on April 25th, on SMP.
Adjourned: 8:40 PM
Submitted by: Wynetta Bivens
Planning Commission Secretary
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