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Home My WebLink About2019-09-23 Committee of the Whole MinutesTukwila City Council Committeeof the Whole Meeting City Hall Council Chambers September23,2019-7:0OP.m. ��U��KUl[�� "�nnn�� o u~�� COMMITTEE 0FTHE WHOLE CALL TgORDER/PLEDGE OFALLEGIANCE Council President Hougardy called the Tukwila {}dy Council meeting to order at 7:01 p.m. and led the audience inthe Pledge ofAllegiance. OFFICIALS Present were Council President Kathy Hougardy; Councilmembers Dennis Robertson, Verna Seal, Oe'SeonOuinn. Kate KruUer.Thomas McLeod. Councilmember Idan was not in attendance, CITY OFFICIALS David C|ine, City Administrator; Brume Linton, Police Chief; JayVVittmxar, Fire Chief; Jack Pace, Community Development Director; Minnie Dha|iwa[ Nanning Supervisor; Andrea Cummino, Environmental Specialist; Laurel Humphrey, Council Analyst; Barbara Saxton, Administrative Support Coordinator. PUBLIC COMMENTS K8ihkeJackson Roebmd.133545GUhAvenue South, along with her neighbor, Jennifer Castillo, was here todiscuss speed bumps. {}nSeptember 13.2O1S.one ofher cats was hit bvacar and killed on58th Avenue South. She has seen the speed bumps on53ndAvenue South, and she would like tosee similar speed control devices on 56th due to the presence of children and small animals. Councilmember Quinn referenced the Neighborhood Traffic Calming Program and intake process. David Cline, City Administrator, stated the City will follow-up with Ms. Roeland. PUBLIC HEARING Ordinances updating the Critical Areas Code. Anordinance ofthe City Council nfthe City of Tukwila, Washington, repealing Ordinance Nos. 2301and 2368§47.§4M,§49and §50;reenacting TAAC Chapter 18.45°tobatitled "Environmentally Critical Areas."toestablish new regulations related &msaid areas; providing fmxsevommbi|ity| and establishing an effective date. Amordinance ofthe City Council pfthe City mfTukwila, Washington, amending various ordinances as codified in Tukwila Municipal Code (TMC) Chapters 18.52, "Landscape Requirements;" 18.54,^'Urban Forestry and Tree Re0wUst|onm;"and 18'70."Noncwnfmrmning Structures;" to update zoning regulations related to environmentally critical areas; amending various ordinances amcodified in Chapter 18.06."Defin|timnm"; providing for mmvermbiAity;and establishing aneffective date. 7:10p.nm. Council President Hommardlyopened the public hearing. Councilmember Quinn indicated this item was discussed at the Community Development and Neighborhoods Committee meeting on September 10, 2019. The committee members forwarded this item with unanimous approval. Minnie Dha|kwa[Planning Supervisor, explained what types ofenvironments are covered under the Critical Areas Code (wetlands and their buffers, streams and their buffers, steep slopes and geologically hazardous areas, and fish and wildlife habitat areas), as well as the applicable components that prompt regulation and the benefits and importance ofCritical Areas. Four chapters inTitle 18ofthe Tukwila Tukwila City Council Committee ofthe Whole Minutes Municipal Code are being affected by these updates, which are required by the Department of Ecology (DOE), Washington State law and the Growth Management Act. The last update was in 2010. 7:30p.mn. Council President Hougardycalled for public comments. Ion K8enee.134O748thAvenue South, stated the applicability ofbuffer averaging inTukwila would be very small and leave noincentive for buffer enhancement. Hefeels buffer averaging would reduce or eliminate preferred alternatives like the proposed interrupted buffer. Heioasking that his rationale (written comments submitted) beconsidered and the 5O96buffer allowance not bechanged. He recommends the City wait on implementing buffer averaging until there is more evidence on its use. He also noted new fees are being introduced for watercourses outside of the Green River; however, there is nomechanism for applying it. The only recourse would begoing through the Hearing Examiner process rather than the simpler Type 2decision bythe Director ofCommunity Development. Nicole De Leon, an attorney with Caimcross & Hempelmann, 524 2nd Avenue, Suite 500, Seattle, spoke onbehalf ofSeUa|e Properties, which controls the large Tukwila South property abutting the Green River. They have suggested clarifying language be added to three sections in Tukwila Municipal Code JMC) Chapter 18.45(letter eubmitted). TA0C Section18.45.16$: Ensure land where Sega|ehas already done grading work (under an approved grading permit) is not subject to any expanded buffer regulations. T&8C Section 18.45.070: Include a o|mer provision that work previously approved within a buffer to install utilities beallowed tocontinue. TK8C Smctioms10'4S'Q80-F'2 and18.45.100.E'2: Add language that a levee also triggers on interrupted buffer. Ms. De Leon stated they have appreciated Ms. Dho|iwa|'a collaboration amthey worked through these issues. David He|inen, Ha|inen Levv, stated his client, AnKAarCo LLC, owns property on West Valley Highway adjacent tothe City right-of+wayonthe east side ofhis client's property. They are requesting achange to the Interrupted Buffer subsection (at the bottom of page 2 of his submitted letter) to include "a paved public trail" and other modified criteria. Mr. Ho|innn referenced Goal 7 (page 3 of submitted |etter), which sbsbee the purpose of the code is to "Balance the private rights of individual property owners with the preservation of environmentally critical areas." They feel the buffer interruption feature related to the wetlands should be flexible tohave public trails considered. Emmett Pritchard, RaedekeAssociates, |nc..2111 North NorthgateWay, Seattle, isawetland ecologist who conducted aninvestigation of the existing conditions and use of the paved Interurban Trail inthe vicinity ofthe property owned byAnyWarCo. LLC (written memorandum submitted). Mr. Pritchard noted the trail iapaved and runs the length ofthe /\nK8arCoproperty. Much ofthe trail nnthe side away from the wetlands (between the trail and the railroad buffer on the opposite side of the trail) has been substantially developed over the years, including theAnW1arCo property. The trail is used by pedestrians and also for vehicle access toconduct maintenance along the trail. Hestated the trail does present an interruption inthe buffer that should qualify inthe code. 7:51 p.m. Council President Hougardy closed the public hearing. SPECIAL ISSUES a. Discussion mnordinances updating the Critical Areas Code. The Councilmembers commented on the proposed update and asked clarifying questions on language and definitions from the Department of Ecology, "best available science," the change from "Environmentally Sensitive Areas" to "Critical Areas," and changes to landscaping regulations as it relates totree canopies. Sbaffprovidedfurtherinformadononvvhodebannineawhotio^bestavai|ab|esoienoe^andthsdpartofthe Growth Management Act isthat best available science must beused indeveloping regulations. An "interrupted buffer" means a waiver from the standard buffer requirements, which will be a policy discussion for the Council. The Council requested that staff provide examples nfbuffer averaging that include the levee and the trail Tukwila City Council Committee ofthe Whole Minutes September 23.2019 Page 3of4 Ms. Oha|kwa| stated that staff will prepare a detailed comments matrix that will include the naoaono behind the City's decisions. DOE has stated the Council must approve the Critical Areas Code before the City's Shoreline Master Program will beapproved. CONSENSUS EXISTED TO RETURN THIS ITEM TDAFUTURE COMMUNITY DEVELOPMENT AND NEIGHBORHOODS COMMITTEE MEETING. b. Anupdate onAccessory Dwelling Units (ADUs)' Minnie Dhaliwal, Planning Supervisor, provided an update on the status of implementation of the Accessory Dwelling Unit (ADU)code, which was adopted inJuly 2U18. The one-year amnesty period ended inJuly 2U1Q. During that year, 21 no -fee applications for ADUewere received. 0fthose 21 applications 5vvens approved. 1 denied. 1 withdrawn. 12 are pending. and 2 are under construction. Three key issues have been identified, which involve: (1)zoning related issues, including arequirement that the ADU be no more than 40% of the size of the primary dwelling; (2) construction related issues, including inspections; and (3) cost. Staff is seeking direction from the Council on whether to review the regulations for potential adjustments or make no changes. Ms. Dha|kwa| stated that any amendment to the code would need to go through the full review pnumass, including the Planning Commission. David Shumate, 11534 East Marginal Way South, stated that he has a detached ADU above his garage. His 3/4-acre lot was annexed in 1989 and the structure recognized as a non -conforming duplex. |n2OOA he added a loft with electrical and plumbing (permitted and approved), which he used for storage. Upon hearing about the ADU program and amnesty period, he applied for a permit and finished the studio -sized space. Afinal inspection was completed and signed off. The title recorded document provided bythe City erroneously stated the house was a single-family dwelling, although he had previously been told by City planners years ago that itiemduplex. Hehas now been told that adetached /\DUienot allowed on the same property with a duplex and his permit was withdrawn and denied, resulting in his ADU having no value. Mr. Shumate stated heislooking for code leniency, noting that achange tothe code would be required such that a non -conforming duplex would be permitted to have an ADU as long as setbacks and lot coverage are compatible with current standards. Councilmember Kruller stated that an e-mail was received by Councilmembers today from Emily Sarah Gend|erZisette related to this isoue, specifically about a basement unit that has the same square footage aathe upper level. The Counci|menbxans commented on the purpose and specifics of the ADU regulations, including life safety isaueo, owner occupancy requinements, charges assessed byother agencies, parking, differences based on property size, variance options, and potentially extending the amnesty period. The Council requested information on the number of leqal non -conforming duplexes in the City, and on what is included within the amnesty period. CONSENSUS EXISTED TQFORWARD THIS ITEM TO AFUTURE COMMUNITY DEVELOPMENT AND NEIGHBORHOODS COMMITTEE MEETING. REPORTS a. Mayor The Mayor was not in attendance. b. City Council Councilmember Robertson referenced the 16-year-old youth climate activist from Sweden who has been inthe news recently. Hnstressed the need botake action toslow climate change and prepare the Tukwila City Council Committee ofthe Whole Minutes Coumci|nlemberC)uinn referenced the items on the Community Development and Neighborhoods Committee agenda for the September 24 meeting. Councilmember Kruller stated that approximately 4 weeks ago she reported on a street sign that had been hit and was onthe ground (on 122ndinAl|enhown). She stated the sign has not yet been repaired and asked about the tracking process for these types ofitems. Councilmember McLeod stated the Finance Committee heard a cash and investment report at their meeting earlier this evening, and the Citv'sportfolio profile iawell within the range ofall investment policy parameters. Council President Hougardy attended a South County Area Transportation Board (SCATBd) meeting where there was focus on impacts of Initiative 976 and the funding that would be lost. Initiative 07Gwas also discussed at a Sound Cities Association meeting, as well as METRO CONNECTS, which went through Metro's Transportation Equity Cabinet, which is overseen by Councilmember Quinn. Coumci|memberQuinn referenced the Open Space Equity Cabinet, which helped create aprocess to identify urban area opportunities for open space and parks for the region. The same process iebeing used for decisions around access to transportation in underserved areas. Council President Houoerdvstated the Food Truck Rally scheduled for September 22.2O1Q.was postponed to September 29 due to rain. David Cline, City Administrator, stated he will respond about the follow-up process on the damaged street d. Council Analyst Laurel Humphrey, Council Analyst, asked for Counci|'mdirection onwhether hoprepare aresolution taking aposition onInitiative Q7G. Council President Hougendyasked that this discussion bepostponed bza later date. MISCELLANEOUS Councilmember Kruller referenced several recent memos from the Mayor to the Council regarding appointments brvarious Boards and Commissions. She asked whether information could beprovided on whether other people had also applied for those positions. ADJOURN TO SPECIAL MEETING 9:29 p.m' COUNCIL PRESIDENT HOMGARDYDECLARED THE COMMITTEE OFTHE WHOLE MEETING ADJOURNED. d 7\u�^, t/ �� hyHougar��/CoU��|P � Bearbara Saxto , Ad inistrative Support Coordinator APPROVED BYTHE COUNCIL PRESIDENT: 100119