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HomeMy WebLinkAboutCOW 2019-09-23 Item 3 - Public Hearing - Ordinances Updating Critical Areas CodeCOUNCIL AGENDA SYNOPSIS ---------- ---------- - -------- - MeetingDate Prepared by Ma or review tuwil review 09/23/19 MD •../ , ITEM INFORMATION ITEM No. 3 & 4.A. S FAH SPONSOR: JACK PACE ORIGINAL A(3ENDA DATL: 9/23/19 AGI.NDA III! Trilm, Periodic Update of the Critical Areas Code C \ILGoRy Di,,wii /on 9/2.3/19 El Motion )111g Dote 0 ReJolution Allg Ade 0 Ordinante Al Ig Dale 7 Bid 122,,,m, II lgDale g. Pub& 1-fearing [ Other Allg Dale Mrs Date llkg Dale 9/23/19 SPONSOR COtlnai EZ'iayor E 1 fR I1DCD •Finance I-7tre LIITS Epe-R Police EPW Ecouri SPONSOR'S The City is conducting a periodic review and update of its Critical Areas regulations to Summ.\ity reflect current best available science (BAS) as required by the Growth Management Act. The PC has forwarded a recommended draft of the changes to Council. The Council is being asked to hold a public hearing on the recommendations, review any additional public comments, give staff direction on further changes and adopt new ordinances. RF,V I I Vi/J.,,I) BY E c.o.w. Mtg. E Trans &Infrastructure DATE: 9/10/19 1 CDN Comm r Finance Comm. E Public Safety Comm. 0 Parks Comm. E] Planning Comm. COMNIITITE CHAIR: QUINN riArts Comm RECOMMENDATIONS: SPONSOR/ADMIN. COMMI Department of Community Development ITI,E Unanimous Approval; Forward to Committee of the Whole COST IMPACT / FUND SOURCE Exim,NDI ruRr. RLQuiRm AMOUNT BUDGETED APPROPRIATION REQUIRED $ $ Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 9/23/19 MTG. DATE ATTACHMENTS 9 23 9 Informational Memorandum dated 9/4/19 Minutes from he Community Affairs and Parks Committee meeting of 9 0 9 *Please Bring Binder Distributed Separately* 1 2 City of Tukwila Allan Ekberg, Mayor INFOR ATIONAL E ORANDU TO: Community Development and Neighborhoods FROM: Jack Pace, DCD Director BY: Minnie Dhaliwal, Planning Supervisor CC: Mayor Ekberg DATE: September 4, 2019 SUBJECT: Critical Areas Code Update ISSUE The City of Tukwila is required to periodically review and update its Critical Areas 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 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. 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 critical area regulations were adopted nine 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. PUBLIC OUTREACH Outreach to affected property owners throughout the City included mailings, webpage updates, stormwater bill inserts, eHazelnut newsletter and an open house. A public open house was held on October 9, 2018 at the Tukwila Community Center. The notice of the open house and the Planning Commission hearing was mailed to all property owners and tenants in Tukwila along with email notices to interested parties and agencies with jurisdiction. Additionally, a website page (www.tukwilawa.qovicriticalareas) was maintained where general members of the public can keep up with the update process. Subsequent to the open house, staff developed a set of policy options and had a work session with the Planning Commission on this item on November 8, 2018. The second work session was held on February 28, 2019. The Planning Commission (PC) held a public hearing on April 11, 2019. The PC started their deliberations on May 23, 2019 and finalized their recommendations to the City Council on June 27, 2019. All background reports including the Gaps Analysis Report prepared by the The Watershed Company and the five staff reports to the Planning Commission are available online. Here is the link to the website. 3 INFORMATIONAL MEMO Page 2 DISCUSSION The Planning Commission's recommended draft is included in a separate binder. Summary of the key revisions is included below: VQ 1. Designation: Reference to State delineation manual removed and replaced with language from WAC 173-22-035, that states identification of wetlands and delineation of their boundaries shall be done in accordance with the approved federal wetland delineation manual and applicable regional supplements. w Five year time limit onwetland reports/delineations estobhohed.Genera|ly(ony delineation done more than five years ago needs toberevisited 8Swetlands can change significantly in 8five-year period due to changes in hydrology, land uSes, and plant species composition. Additionally, approved jurisdictional determinations by the Corps expire after five years. Revisiting a wetland delineation that is five or more years old does not necessarily mean a new wetland delineation needs to be done. It means it may be necessary to revisit the site to determine whether the delineation is still accurate Vrneeds toberedone based nOcurrent conditions. 2. Rating: State rating system referenced, which is the Washington State WetlandRahno System for Western Washington /Hruby 2014. Ecology publication NO. 14-06-029A.To avoid the need for future updates related to rating system versions language added, "or as revised and approved byEcn|ogy^ 3. Buffer Widths: Adopt the standard buffer widths recommended bythe Department ofEcology; but allow alternate buffer ifimpact minimization measures are taken AND buffer isreplanted. See table below for the current buffer width requirements and theproposed changes required based on habitat score. INFORMATIONAL MEMO Page 3 Category Wetland buffer width (ft), current TMC Wet and buffer width (ft), Ecology 2014, high -intensity land use impact Habitat score <6 Habitat score <6 Habitat score 6-7 Habitat score 6-7 Habitat score 8-9 Habitat score 8-9 Standard Buffer Alternate Buffer if impact minimization measures taken AND buffer is replanted Standard Buffer Alternate Buffer if impact minimization measures taken AND buffer ie nap|onbad. Also, iOQfeeL vegetated corridor between wetland and priority habitats is maintained. Standard Buffer Alternate Buffer if impact minimization measures taken AND buffer is replanted. Also, 1OQfeet vegetated corridor between wetland and priority habitats is maintained. | 100 100 75 150 110 300 225 || 180 100 75 150 110 300 225 ||| QU 80 GU 150 110 300 225 |y SD 50 40 50 40 50 40 Impact minimization measures to qualify for alternate buffers include the following: Disturbance Required Measures to Minimize Impacts Lights * Direct lights away from )wetland Noise ° Locate activity that generates noise away from wetland * |fwarranted, enhance existing buffer with native vegetation plantings adjacent tonoise source ° For activities that generate relatively continuoua, potentially disruptive noise, such as certain heavy industry or mining, establish onadditional 1O'heavily vegetated buffer strip immediately adjacent tuthe outer wetland buffer Toxic runoff v RoOte.a|| new, untreated runoff away from wetland while ensuring wetland isnot davvatered ° Establish covenants limiting use ofpesticides within 15Ofeet of wetland w Apply integrated pest management Stormvvaherrunoff * Retrofit otormvvoterdetention and treatment for roads and existing adjacent development * Prevent chenne|izedflow from lawns that directly enters the buffer ° Use Low Intensity Development (LID) techniques where appropriate (for more information refer tothe drainage ordinance and manual) Change inwater regime ° Infiltrate ortreat, detain, and disperse into buffer new runoff from impervious surfaces and new lawns Pete and Human ° Use privacy fencing ORplant dense vegetation tode|ineatebuffer Disturbance edge and todiscourage disturbance using vegetation appropriate for the eoonaginn * Place wetland and its buffer in aaapmrate tract or protect with o conservation easement Dust 0 Use best management practices tocontrol dust 6 INFORMATIONAL MEMO Page 4 4. Interrupted Buffer: Establishes an administrative waiver process for an interrupted buffer. a) Defines what qualifies as interrupting the buffer: a public or private road; buildings; or parking lots. The criteria for waiver include: i) The existing legal improvement creates a substantial barrier to the buffer function; ii) The interrupted buffer does not provide additional protection of the critical area from the proposed development; and iii) The interrupted buffer does not provide significant hydrological, water quality and wildlife buffer functions relating to the portion of the buffer adjacent to the critical area. 5. Buffer averaging instead of buffer reduction: Replaces buffer reduction provision with buffer averaging. The total area of the buffer after averaging is equal to the area required without averaging and the buffer at its narrowest point is never less than either % of the required width or 75 feet for Category I and II, 50 feet for Category III, and 25 feet for Category IV, whichever is greater. 6. Alterations: No changes to the exemption level. The existing code provides an exemption for certain wetlands that are under 1,000 square feet. The exemption is from sequencing (showing that the impact cannot be avoided or minimized). Mitigation of the impacts is still required per Ecology. Exempt wetlands have to meet the following criteria: a) habitat score under five; b) are not associated with a riparian habitat or Shorelines of the State; c) are not part of a wetland mosaic, and d) do not contain priority habitat. 7. Mitigation Standards: Mitigation ratio for buffer impacts is added at 1:1 8. Wetland and buffer mitigation location: The current code prefers off -site mitigation be located within City of Tukwila's boundaries. However State and federal agencies advocate use of alternative mitigation methods such as mitigation banks or in -lieu -fee programs. In order to be consistent with regulations of these agencies the proposed changes allow for purchase of mitigation credit from an in -lieu fee program or bank, if that is the best choice ecologically for a project. 9. Wetlands buffers associated with restoration projects that include creation of an off -channel habitat projects. For shoreline restoration projects that result in a change in the location of the ordinary high water mark and associated shoreline jurisdiction on the subject property and/or adjacent properties, relief may be granted from Shoreline Master Program standards and use regulations. However, the relief for restoration projects is limited to ordinary high water mark and not buffers of any associated critical areas such as wetlands. Therefore, a new subsection is recommended by the Planning Commission: INFORMATIONAL MEMO Page 5 TMC 18.45.90 Wetlands Uses, Alterations and Mitigation (D) Wetland and Buffer Mitigation Location: 7. Wetland creation for restoration projects may only be approved if the applicant can show (1) that the adjoining property owners are amenable to having wetland buffers extend onto or across their property; or (2) that the on -site wetland buffers are sufficient to protect the functions and values of the wetland and the project as a whole results in net environmental benefit. 11. atercourses 1. Rating and buffer widths: Ratings nomenclature updated to reflect Washington Department of Fish and Wildlife ratings for simplicity. Type 1, 2, 3, 4 changed to S (Shoreline), F (Fish bearing), Np (Non - fish bearing perennial), Ns (Non -fish bearing seasonal). No change in the buffers of S, F, Ns. The standard buffers of Np could be lowered from 80 feet to 50-65 range with buffer enhancement. Stream Type Watercourse Buffer (ft), TMC S Regulated under Shoreline Master Program F 100 Np Standard buffer 80 Alternate buffer in the range of 50-65 with buffer enhancement Ns 50 2. Buffer averaging vs reduction: Replaces buffer reduction provision with buffer averaging so long as the total area of the buffer after averaging is equal to the area required without averaging and the buffer at its narrowest point is never less than % of the required width. 3. Interrupted buffer: Establishes an administrative waiver process for an interrupted buffer. a) Defines what qualifies as interrupting the buffer: a public or private road; buildings; or parking lots. The criteria for waiver include: i) The existing legal improvement creates a substantial barrier to the buffer function; ii) The interrupted buffer does not provide additional protection of the critical area from the proposed development; and iii) The interrupted buffer does not provide significant hydrological, water quality and wildlife buffer functions relating to the portion of the buffer adjacent to the critical area. III. Geologically Hazardous Areas Reference to mapping sources added and protective provisions such as slope vegetation protection and guidelines on erosion control and best management practices included. 7 INFORMATIONAL MEMO Page 6 IV. Fish and VVUdUfe Habitat Conservation Areas a) The city's list of fish and wildlife habitat conservation areas made consistent with GMA definition b) Reference to mapping sources added. c) A requirement for a habitat assessment prepared by a qualified professional to better reflect BAS so that buffers could be based on site specific conditions. V. Special Hazard Flood Areas Reference added to Special Hazard Flood Areas TMC Chapter 16.52; and floodplain habitat assessment requirements included. VI. Housekeeping Code Amendments Vesting: Language added to clarify that only submittal of a complete building permit vests a project to critical areas code. For instance, if a short plat is approved but homes are not constructed and the code is updated, any future development is subject to the new updated code. An exception added for projects that currently have a preliminary approval but not final approval to be vested until the expiration of the preliminary approval; provided building permits are submitted within five years of the final approval. 2. Expiration of decisions related to critical areas: Five years term limit established for any approvals to be consistent with time limits for permits obtained from the state and federal agencies. 3. Permitted uses changed to permitted activities section 4. Vegetation Management in the Tree, Landscape, Critical Areas and Shoreline Chapter The purpose of these proposed amendments is to provide consistency between the four chapters and address lessons learned during implementation of the newly adopted Tree and Landscape Code. Additionally, applicability sections are added to explain which Chapter applies when there is an overlap. These include regulations pertaining to tree retention, removal and replacement requirements. 5. Reorganization: In order to improve the organization and make it easy to implement the code it is reorganized to sequentially address 1. Mitigation sequencing; 2. What is allowed outright/what requires Special Permission approval; 3. Criteria for approving deviations; 4. Mitigation requirements; 5. Monitoring 6. Penalties for unauthorized alterations: Penalties for illegal clearing in critical areas added. 7. Non -conforming provisions: New non -conforming thresholds for development in the wetland and stream buffers established; and tied to incentives for improving the buffer. a) Allow existing buildings to expand vertically to add upper stories in exchange for buffer enhancement b) Allow lateral expansion to the building side that is opposite of critical area up to a maximum of 1000 sq. ft; in exchange for buffer enhancement. Further this option is 8 INFORMATIONAL MEMO Page 7 limited tosituations where the buffer width iaat least 75percent ofthe required buffer. c\ Allow lateral expansion along the existing building lines in exchange for buffer enhancement; and limit the sq. ft. ofnew intrusion into the buffer toless than 5O percent of the current intrusion o[5OO eq. ft, whichever is |gao. Further this option is limited to situations where the buffer width is at least 75 percent of the required buffer, d) Allow enclosing within existing footprint in exchange for buffer enhancement. 8. Inventory update: Add requirement for the applicant toprovide surveyed data for maintenance of the City's Critical Areas inventory map FINANCIAL IMPACT No direct impacts are expected due to these changes. RECOMMENDATION The Council iobeing asked tohold opublic hearing onthe proposed changes st the September 23, 2019, Committee of the Whole meeting. Staff will then return with a comment matrix for the City Council toreview atsubsequent meetings. ATTACHMENT The separately distributed binders contain: 2, Chapter Areas Chapter) showing the bulk ofthe proposed changes- strikeout/underline 3. Chapter 18.70 (Non -Conforming regulations)- strikeout/underline version 3. Chapter 1O]54(Tree Chmoteh-strikeout/underline version 4. Chapter 18.52(Landscape Chmpteh-strikeout/underline version S. Chapter 18.0#(Definitions Chapteh-strikeout/underline version 6. Chapter 1D.45(Critical AneaS>'clean version 7. Public Comments received at the Planning Commission hearing D. /\ matrix ofstaff responses tothe public comments 9. Planning [}ornnnieoiVn meeting minutes 10 City of Tukwila City Council Community Development & Neighborhoods Committee COMMUNITY DEVELOPMENT & NEIGHBORHOODS COMMITTEE Meeting Minutes September 10, 2019 - 5:30 p.m. - Hazelnut Conference Room, City Hall Councilmembers: De'Sean Quinn, Chair; Dennis Robertson, Verna Seal Staff: Guest: David Cline, Minnie Dhaliwal, Andrea Cummins, Laurel Humphrey Nicole De Leon, Cairncross & Hemplemann CALL TO ORDER: Chair Quinn called the meeting to order at 5:30 p.m. . PRESENTATIONS II. BUSINESS AGENDA A. Board & Commission Appointments As follow up to previous Committee discussions on the process for appointments to the City's Boards & Commissions, staff presented updated documents that reflect the Committee's input. The application form is now available to be completed online and includes a new statement of interest section as well as an optional personal/demographic section. Those interested in additional terms must now submit a reapplication form, which is also available online. The "City of Tukwila Advisory Boards, Commissions and Committees Handbook" has been updated, and there is a new Administrative Policy to formalize processes. Committee members expressed support for the updates. Chair Quinn suggested that when interviews occur the Council President should be invited, and this should be added to the written procedure where applicable. UNANIMOUS APPROVAL. B. Ordinances: Critical Areas Code Update Staff provided an overview of draft legislation to update the Critical Areas regulations to reflect current best available science as required by the Growth Management Act. The Planning Commission held several work sessions and a public hearing on this topic and finalized their recommendations in June. Staff reviewed the Planning Commission's recommendations and answered clarifying questions. Committee members asked for hard copies of all five staff reports to the Planning Commission. The draft legislation will return to Committee following the September 23 Public Hearing. FORWARD TO SEPTEMBER 23, 2019 COMMITTEE OF THE WHOLE FOR PUBLIC HEARING 11 12 W What is regulated under the Critical Area Ordinance? • Wetlands and their Buffers • Streams and their Buffers • Steep slopes and Geologically Hazardous Areas • Fish and Wildlife Habitat Areas 14.1imsa..* 2 9/18/2019 Tuk ila is u ati its Critical as e ulati ns: • Critical Areas Regulations for wetlands, watercourses and steep slopes • The following regulations in the Zoning Code are being updated: • Critical Areas Chapter 18.45 • Tree Chapter 18.54 • Landscape Chapter 18.52 • Non -conforming Chapter 1.8.70 4-11-19 CC Critical Areas Public Hearing ... 01 4 Periodic updates are required by Washington State to ensure that local regulations: • Keep up with changes to State Law • Reflect Best Available Science (BAS) • Critical Areas Regulations were last updated in 2010 CC Critical Areas Public Hearing 44-VrA.;_neff!--4,411110-1,7— , „ gagicsiogsickstv CC Crf ca Areas Public Hearing 00 etlan S: etland assessment protocol Approved Federal Delineation Manual Current Ecology rating system will be incorporated into the new code Five-year term limit on reports etland buffer width Ado t the standard buffer widths recommended b the Department of Ecology; but allow alternate buffer if impact minimization measures are taken and buffer is replanted. Buffer averaging replaces buffer reduction. Interrupted buffer provisions added 7 9/18/2019 • o chan • • e a ion ankin a e ro serty o sufficient to • 9/18/2019 c o exe urre • on size of woo sf a ion at 1:1 - fee in lieu an c a ne er ission re ui e or on-si e etlan •rotectfunctionsans values of t e etlan c • acent uffers Category Wetland Wetland buffer width (ft), Ecology 2014, high -intensity land use impact buffer width (ft), current TMC Habitat score <6 Habitat score <6 Habitat score 6-7 Habitat score 6-7 Habitat score 8-9 Habitat score 8-9 Standard Buffer Alternate Buffer if impact minimization measures taken AND buffer is replanted Standard Buffer Alternate Buffer if impact minimization measures taken AND buffer is replanted. Also, 100 feet vegetated corridor between wetland and priority habitats is maintained. Standard Buffer Alternate Buffer if impact minimization measures taken AND buffer is replanted. Also, 100 feet vegetated corridor between wetland and priority habitats is maintained. I 100 100 75 150 110 300 225 II 100 100 75 150 110 300 225 III 80 80 60 150 110 300 225 IV 50 50 40 50 40 50 40 9 9/1.8/2o19 Add a footer N 10 20 9 gend rt 'Wet[and Area I Current Beer (2004) Buffer with Ecology Guidance (2014) waterca urses eet Example etland # 37 Category III Wetland (2004) • Current buffer of 8o feet Category III Wetland (2o14) with habitat score of 5 (moderate) • Buffer of 6o feet with minimization measures per Ecology guidance gend wetland Area Current Buffer (2004) Buffer with Ecology Guidance (2014) 11 9/18/2019 Example et and # 31 Category III Wetland (2004) • Current buffer of 8o feet • Category II Wetland (2014) with habitat score of 6 (moderate) • Buffer of 110 feet with minimization measures per Ecology guidance t e s: • Stream typing designation update City typing will be updated to correspond with that of WDFW • Stream buffer width -no change Stream Type Watercourse Buffer (ft) S Shoreline F Fish bearing Np Non -fish perennial Ns Non -fish seasonal Regulated under Shoreline Master Program loo Standard buffer 8o Alternate buffer in the range of 50-65 with buffer enhancement 5o 12 9/18/2019 Buffer averaging substitutes for buffer reductions Interrupted buffer tee es Geologically Hazardous Areas clarifications Reference to mapping sources added and protective provisions such as slope vegetation protection and guidelines on erosion control and best management practices included. 13 The city's hst of fish an ith sefinition eference to a • n ife ha sources a • • a eouire ent for a ha itat assess ent to •etter reflect so that suffers coul con itions. conservation areas ase consistent eference as f oo • ain ha 9/28/2°29 Add a footer • e are y a ualifie •ro essional ase • on site s ec fic ecial azar. Floc). reasT C Cha itat assess ent re • uire ents inclu e er • .52; a • ous k n ents 1. Vesting. 2. Expiration of decisions related to critical areas: Five years 3. Permitted uses changed to permitted activities section 4. Vegetation Management in the Tree, Landscape, Critical Areas and Shoreline Chapter 5. Reorganization: 1. Mitigation sequencing; 2. What is allowed outright/what requires Special Permission approval; 3. Criteria for approving deviations; 4. Mitigation requirements; 5. Monitoring 6. Penalties for unauthorized alterations 7. Non -conforming provisions: New non -conforming thresholds for development in the wetland and stream buffers established; and tied to incentives for improving the buffer. Vertical expansion Lateral expansion opposite side Lateral expansion along sides 8. Inventory update: Add requirement for the applicant to provide surveyed data for maintenance of the City's Critical Areas inventory map N co Project documents, meeting announcements, and other resources posted to the City's website at: http://www.tukwilawa.gov/criticalareas Staff will return with a summary of all public comments for CC final action. 17 Planning Commission Work Sessions & Public Hearing City Council Review & Public Hearing Council Adoption of Critical Areas and Shoreline. Ecology Approval after City Council ado .on W O