HomeMy WebLinkAboutPlanning 2019-05-23 ITEM 5 - STAFF REPORT - CRITICAL AREAS CODE DELIBERATIONDepartment ofCo unity Develop ent - ack Pace, Director
FILE NUMBERS:
REQUEST:
LOCATION:
PUBLIC NOTICE:
STAFF:
ATTACHMENTS:
Allan Ekberg, Mayor
STAFF REPORT TO THE PLANNING COMMISSION
FOR THE MAY 23, 2019
L18-0056 Critical Areas Code Update
Review and revise Tukwila's Critical Areas regulations, hold a public
hearing and make a recommendation to the City Council.
City Wide
Notice was published in the Seattle Times and a postcard was mailed to
the owners and tenants of all Tukwila parcels on 3/28/19. Proposed
amendments were posted on the website and an email notification was
sent to the interested parties list on 3/22/19. Information about the
update was included in the citywide Stormwater mailer and the
September eHazelnut newsletter. An open house was held on 10/9/18.
Minnie Dhaliwal, Planning Supervisor
A. Public Comments
Exhibit 1 -Don Scanlon
Exhibit 2-CH&/Nancy Rogers, representing Segale Properties
Exhibit 3-Karen Walter, representing Muckleshoot Indian Tribe
Exhibit 4-Ion Manea
Exhibit 5-Suzanna Smith, WRIA 9
Exhibit 6-Ben Peterson, King County Noxious Weeds Program
Exhibit 7-email from CH&/Nancy Rogers, representing Segale
Properties
B. Matrix of comments and recommendations
C. TMC 18.06 Definitions edits
D. Flow chart of Vegetation Management in the Tree, Landscape,
Critical Areas, and Shoreline Code.
E. Edits in underline/strikeout version TMC 18.45 and TMC 18.70 Non-
conforming regulations
BACKGROUND
All cities in Washington are required to adopt critical areas regulations by the Growth
Management Act (GMA) (RCW 36.70A.060). Critical areas, 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.
Tukwila City Hall • 6200 .you
oulevard • Tukuw°il , WA 98 88 • 206 . m, 800 • Website: TukwilaWA.gov
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L18-0056 Critical Areas Update PC Staff Report
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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 current sensitive area regulations were adopted eight years ago in 2010. Per GMA
the City must periodically consider best available science (BAS) and update its critical areas
ordinance. Any deviations from BAS recommendations should be identified, assessed, and
explained (WAC 365-195-915). Washington State Department of Ecology oversees critical
area updates and provides direction on BAS.
Staff had a work session with the Planning Commission on this item on November 8, 2019.
The staff report for the November 8, 2018 meeting is available online. Here is the link to staff
report.
The second work session was held on February 28, 2019 and here is the link to the staff report
The public hearing was held on April 11, 2019 and here is the link to the staff report
DISCUSSION
The policy changes that were discussed at the April hearing are included in the comment
matrix. The items in the comment matrix represent the suggested changes by public, planning
commission and staff's recommended wording and actions. Upon direction from the Planning
Commission staff will come back with a recommendation for the two areas:
1) Vesting provisions for Critical Areas Master Plan Overlay
2) Applicability and consistency revisions related to vegetation management section of the
Tree, Landscape, Critical Areas and Shoreline Code.
Additionally, staff will work with the City Clerk's office to fix the numbering of sections and
subsections so it to cite different sections. Based on policy direction from the Planning
Commission staff will prepare a clean copy with all proposed changes incorporated into the
Planning Commission Recommended Draft.
RECOMMENDATION
Review each proposed change and policy alternative in the comment matrix and determine if it
should become part of the Planning Commission recommendation to the City Council. Staff will
incorporate these changes and bring it back for Planning Commission's final review prior to
forwarding the document to the City Council for further review.
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