Loading...
HomeMy WebLinkAbout1981-05-04 Special MinutesMay 4, 1981 7:00 P.M. OFFICIALS IN ATTENDANCE DISCUSSION Chap. 18.44, Shoreline Zone TUKWILA CITY COUNCIL City Hall SPECIAL MEETING Council Chambers MI N U T E S CALL TO ORDER The Special Meeting of the Tukwila City Council to discuss the fourth draft of the proposed zoning ordinance was called to order by Council President Van Dusen. ROLL CALL OF COUNCIL LIONEL C. BOHRER, MABEL J. HARRIS, GEORGE D. HILL, J. REID MEMBERS JOHANSON, DANIEL J. SAUL, DORIS PHELPS, Council President GARY L. VAN DUSEN. Mayor Frank Todd, Planning Director Brad Collins, Planner Caroline Berry, Planner Fred Satterstrom. Fred Satterstrom, Planner, said the purpose of this zone is to implement the Shoreline Management Act of 1971 and to provide for the regulation of development which impacts those areas of TukwilE under the jurisdiction of the Shoreline Management Act consistent with the policies of that act, all applicable Washington Administrative Code regulations, and the goals and policies of the Tukwila Shoreline Master Program which are contained in a separate document and adopted by resolution. According to the Shoreline Management Program all shorelines within Tukwila are designated "Urban." This chapter applies to all development not exempted under the applicable Washington Administrative Code on lands within 200 feet of the mean high water line. Mr. Satterstrom said all applications for a shoreline management permit shall be submitted to the Planning Department. The Planning Commission reviews and approves, approves with modifications or denies all Shoreline Management Permit applications. In approving, modifying, or denying a Shoreline Management Permit application, the Planning Commission shall use the guidance provided in the goals and policies of the City's Shoreline Master Program as well as any additional requirements of this chapter and related references. He explained the mean high water mark, and said these regulations are proposed to substitute for Chapters 6, 7 and 8 of the Shoreline Master Program. Councilman Bohrer said the verbiage in the State law has been around for a long time. It seems it is related more to lakes than river banks. Councilman Saul said he would like to have it explained how the high water line is established. Councilman Bohrer said he believes it says it is where the character of the vegetation changes. On that basis there might be an argument for saying that it is back where the valley wall goes up because that used to be the total of the flood plain and that is where the character changes from the deciduous trees and vegetation that should be on the valley floor to the evergreens. What is wrong with that definition? Councilman Saul said if you go down to Tecton they have poured rock way down the bank so the vegetation quit way back so you could say it was way back there where the rocks start. That would put them in a lot different position. Councilman Bohrer said that would be modified. Fred Satterstrom said the Planning Department could look into this definition and bring it back to the Council with some proposed wording. We rely on King County to find out what their definition is and come back at a later date. Council President Van Dusen said the City should get a legal opinion on this as to whether or not the City can change it. Councilman Bohrer said the approach has made something that is measurable. There are several ways of doing it. We could use setback from the top of the bank as King County does, although that can sometimes be difficult to ascertain. We should have something that is easy to interpret. Some of our problems have been due to the State's interpretation. TUKWILA CITY COUNCIL SPECIAL MEETING May 4, 1981 Page 2 DISCUSSION Contd. Chap. 18.44, Another thought that was brought up last fall at one of the committee Shoreline Zone meetings was setback from the top of the bank as King County normally contd. does, but again in some instances what that top of the bank is can be as difficult to define as to where the vegetation change was. In some cases it might be a reasonable sort of number where the bank comes up at a reasonable grading and other cases there is very little bank now so he was not certain that is always a reasonable approach to it. He said for a matter of clarity we should have something that is easily interpreted and a person can come to a chart and look at it and say that it where it should be and it is readily under- standable. Some of the problems of the past have come about because of the vagueness of the State's ordinance and the tendency of people to interpret it in different fashions. Page 65 18.44090, Page 65, Lines 3 and 10 Sec. 18.44.110 Page 67, Lines 8 -18. MOVED BY BOHRER, SECONDED BY JOHANSON, THAT COUNCIL DIRECT THE PLANNING STAFF TO DEVISE A DEFINITION FOR THE HIGH WATER MARK REFERENCE FOR THE SHORELINE MANAGEMENT ACT REFERENCED TO THE RELEASE RATE AS DISCUSSED AND WITH THAT RATE TO BE FINALLY DEFINED BY THE COUNCIL. Councilman Bohrer said as you get further down the river and into the northern parts of the City the tidal action changes the river. Councilman Hill suggested the City check with Auburn and Kent and see what they have as a definition. *MOTION CARRIED. Brad Collins, Director of Planning, said this matter has been researched and generally the Planning Commission is an advisory board. This is an administrative type of decision. Councilman Bohrer said that the "Department of Community Development" should be changed to the "Planning Department" wherever it occurs in the proposed ordinance. Mayor Todd said he objected to the Planning Commission having administrative authority as it is given in this section. It is a needless waste of time and is not proper. Chris Crumbaugh said under the present Shoreline Ordinance it is administered by the Planning Department Director. Mayor Todd said SEPA appoints by State law the Planning Director as the official. Chris Crumbaugh, audience, said he would recommend that this section be changed so the Planning Department makes the adminis- trative decision. Council President Van Dusen asked if this should be an administrative decision or a decision by the Planning Commission? He said he would like to put it in the Planning Department and then go to the City Council as necessary. Brad Collins, Director of Planning, said the Planning Commission could be used as a hearing process in case of a hearing. Mayor Todd said all shoreline permit applications are advertised. If someone wants to be heard on the matter they have that opportunity. MOVED BY SAUL, SECONDED BY PHELPS, THAT COUNCIL DIRECT THE PLANNING STAFF TO BRING BACK TO THE COUNCIL WORDING FOR SECTION 18.44.090. MOTION CARRIED. Councilman Bohrer said the definitions of river environment, low impact environment, and high impact environment should be in Section 18.06. Fred Satterstrom said they are in Section 18.06.620, on pages 15 and 16. FUKWILA CITY COUNCIL SPECIAL MEETING May 4, 1981 Page 3 DISCUSSION Contd. Sec. 18.44.110, Page 67, Lines 8 18 contd. Pages 67 69, Lines 19 20 Page 67, and Lines 29 and 30, P. 69. Page 66, Line 4 Page 67, Line 25 MOVED BY BOHRER, SECONDED BY JOHANSON, THAT THE THREE REFERENCED ZONES BE PLACED IN THE DEFINITIONS AS INDIVIDUAL ITEMS. MOTION CARRIED, WITH PHELPS VOTING NO. Councilman Bohrer said he had a problem as it gives setback, but he throught there should be alternatives. He found it confusing as they are not identified as alternatives. He said he thought it was a format problem. This should start as a new section. Fred Satterstrom said there are two alternatives. The key difference is the incentive to put the building back 50 feet and then have the access which they cannot have in the 40 feet. Chris Crumbaugh said there is a difference in where you can locate the railroad tracks. The present master plan allows the access road and there has been some development based upon that. He said they would ask that the present existing master shoreline be kept. Councilman Saul said in 1975 there was a cut put in for a railroad spur. He asked how far that was from the shoreline. Councilman Harris said on Page 66, Line 3, it says "there shall be no disruption of existing trees or vegetation along the river shore unless necessary for public safety or flood control. If the vegetation is not going to be removed along most of the Green River how can you have jogging trails or picnic spots. In 1974 the river was not intended to be visual. She said she did not like the idea of railroad tracks along the river. She asked what "shore" means? Councilman Saul said King County has control of the bank and they can take down what they want to. MOVED BY HARRIS, SECONDED BY PHELPS, THAT THE WORD "SHORE" BE REPLACED WITH THE WORD "BANK." MOTION CARRIED. Councilman Bohrer referred to Page 67, Line 25, and said No. 1 should not exceed 24', No. 2 said it should read: "Edges of which shall be minimum of 40'. Fred Satterstrom said the intent on the edges of the parking lot would have to be minimum of 40' away. The 24' does not have any meaning. It is the intention not to have any parking lots, etc., within 40' of the river. MOVED BY BOHRER, SECONDED BY JOHANSON, THAT ON PAGE 67, LINE 26, DELETED "EDGES OF WHICH," LINE 27 DELETE "NOT" AND DELETE ALL OF LINE 28. Councilman Bohrer said the conditions of the underlying zones would still apply. Mayor Todd said if he were a fisherman he would have to trespass on someone's property to get to the river. Where would they park? Councilman Bohrer said there are many places where you cannot drive a car along a dike. In one instance we have allowed a 24' road to be placed within the 50'. Councilman Phelps asked if a fire line were required, would it be within the 40' or would it have to be set back further to accommodate a fire lane for emergency purposes. Councilman Hill said we are eliminating all access. *MOTION FAILED, WITH BOHRER, JOHANSON, AND HARRIS VOTING YES. TUKWILA CITY COUNCIL SPECIAL MEETING May 4 1981 Page 4 DISCUSSION Contd. Page 67 MOVED BY SAUL, SECONDED BY HILL, THAT LINES 21 THROUGH 28, PAGE 67, READ: "THE RIVER ENVIRONMENT SHALL CONSIST OF 50 FEET, AS MEASURED ON A HORIZONTAL PLAN, FROM THE MEAN HIGH WATER MARK, AND SHALL CONTAIN NO USES OTHER THAN THE FOLLOWING SHORELINE USES: (1) ACCESS ROAD NOT TO EXCEED 24 FEET IN WIDTH." MOVED BY BOHRER, SECONDED BY HARRIS, TO AMEND THE MOTION AND DELETE ITEM 2 FROM PAGE 67, LINES 29 AND 30. MOTION CARRIED, WITH PHELPS AND HILL VOTING NO. MOVED BY BOHRER, SECONDED BY PHELPS, THAT ON PAGE 69, LINE 11, ITEM (9) BE ADDED: "ROAD AND RAILROAD BRIDGES." MOTION CARRIED. Councilman Bohrer said the motion as we now have it goes back to allowing the situation that has been discussed in the north end of the City where the fishermen are trying to get to the river bank to fish but has no alternative but to go on private property. He said he opposed that as a policy. MOVED BY BOHRER, SECONDED BY HILL, THAT ITEM 1 THAT WAS AMENDED AND CURRENTLY SAYS "ACCESS ROADS NOT TO EXCEED 24 FEET IN WIDTH" BE AMENDED BY ADDING THE PHRASE "FOR RIVER BANK MAINTENANCE ONLY." MOTION FAILED, WITH BOHRER, JOHANSON, AND SAUL VOTING YES. *MOTION CARRIED, AS AMENDED, WITH BOHRER VOTING NO. Councilman Bohrer said we have precluded public access to the river where it is developed. Councilman Phelps said if the City had specific reason for wanting access couldn't there be an easement? Chris Crumbaugh said he would like the addition of foot bridges across the river. MOVED BY BOHRER, SECONDED BY PHELPS, THAT ONE PAGE 69, LINE 8 (PART A) AND LINE 28,(PART B), ADD "FOOT BRIDGE." MOTION CARRIED. Councilman Bohrer said on Page 69, Line 29, there should be a correction in format. Councilman Bohrer suggested that the word "environment" be added to Line 23, Page 71, between the words "river" and "width." RECESS Council President Van Dusen stated the Council would recess for 9:30 9:40 P.M. 10 minutes. ?/9/ Councilman Hill said on Page 70, Line 9, he would like to see the addition of fruit trees to the list of trees for landscaping. MOVED BY HARRIS, SECONDED BY HILL, THAT THE WORD "SHALL" ON PAGE 70, LINE 6, BE CHANGED TO "MAY." MOTION FAILED WITH HARRIS VOTING YES. MOVED BY BOHRER, SECONDED BY SAUL, THAT ON PAGE 70, LINE 6, (a) READ: "WHERE THE RIVER BANK HAS BEEN RECONSTRUCTED FOR FLOOD CONTROL PURPOSES IT SHALL BE LANDSCAPED WITH SUITABLE PLANT MATERIAL CONSISTENT WITH FLOOD CONTROL MEASURES," AND ADD "FRUIT TREES" ON LINE 10. MOTION CARRIED. The Special Meeting was called back to order by Council President Van Dusen, with Council Members present as previously listed. MOVED BY SAUL, SECONDED BY HILL, TO CONTINUE THIS DISCUSSION AT THE MAY 11, 1981 MEETING THAT WILL COMMENCE AT 7:00 P.M. MOTION CARRIED. TUKWILA CITY COUNCIL SPECIAL MEETING May 4, 1981 Page 5 DISCUSSION Contd. Chap. 18.46, PRD, Fred Satterstrom, Planner, explained the purpose of this chapter Planned Residential which is to encourage imaginative site and building design and to Development. create open space in residential development by permitting greater flexibility in zoning requirements than is permitted by other sections of this code. RECESS 10:00 P.M. MOVED BY HILL, SECONDED BY PHELPS, TO ELIMINATE LINES 11, 12, AND 13, FROM PAGE 74. MOVED BY SAUL, SECONDED BY HILL, THAT THE SPECIAL MEETING BE RECESSED UNTIL 7:00 P.M. ON MAY 11, 1981. MOTION CARRIED. Gar '`C. Van Dusen,Council President Norma Booher, Recording Secretary