HomeMy WebLinkAboutSpecial 2011-05-11 Shoreline Master Program - Comparison Matrix of Required and Recommended ChangesTUKWILA SHORELINE MASTER PROGRAM: ECOLOGY Q CHANGES AND
1 F CHANGES COMPARISON MATRIX
Council
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SMP
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Ecology Finding/Staff
Comments
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3 First naraaranh of Section 1.2 B
The Green /Duwamish River is the only "shoreline of
statewide significance" in the city (RCW 98.58.030).
Throughout the SMP document, the term "Shoreline
Jurisdiction" is used to describe the water and land areas
subject to shoreline jurisdiction in Tukwila. Based on SMA
guidelines for shoreline jurisdiction, Tukwila's Shoreline
Jurisdiction is defined as follows:
The shoreline environment map shall be reproduced
showing parcel boundaries and at a minimum scale of 1 inch
representing. I mile with the following changes:
a. All areas waterward of the ordinary high water mark
shall be designated Aquatic.
b. All areas waterward of the ordinary high water mark of
the Black River shall be designated Aquatic.
c. All areas landward and within 200 feet of the ordinary
high water mark of the Black River shall be designated
Urban Conservancy.
2�
First paragraph of Section 1.2 B shall be modified to read
The Green /Duwamish River is the only "shoreline of
statewide significance" in the city (RCW 98.58.030?
etl„ i et Y. �._4.. !Y, 1�Y4. •.1 e114.._ t "1
ai 0k k, —1ii,u v:4 I lL, Throughout the SMP document,
the term "Shoreline Jurisdiction" is used to describe the
water and land areas subject to shoreline jurisdiction in
Tukwila. Based on SMA guidelines for shoreline
Ecoloav Staff Finding: The City
of Tukwila adopted an SMP
without an Aquatic designation,
but has since concluded that an
Aquatic designation would be
beneficial. The required changes
include designating all areas
waterward of the ordinary high
water mark as Aquatic. Policies
and regulations relating to the
Aquatic environment are included
in the required changes. This
demonstrates consistency with
WAC 173 -26 -211 (5)(c).
Citv Staff Comment: The map
revisions are illustrated on
Attachment A. Staff
recommends including this
change in the SMP.
Ecoloav Staff Finding: The Black
River has been identified as being
within shoreline jurisdiction in
both WAC 173 -18 -210 and the
Renton SMP. Required changes
to the Tukwila SMP will include
the Black River within Tukwila as
shoreline jurisdiction. Portions
waterward of the OHWM will be
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The Tukwila Shoreline ,litrisdiclion includes the channel of
tl e Gre e n/Duwanrish River, its Dunks, the upland area which
extends from the ordinary high reader mark landward for 200
feet on each side of the river, floodwuhs and all associate
we llands within ils,fZoodplain. For the purpose of
determining shoreline jurisdiction oid the floodwa shall
nol include those lands dial have hisloricall1 been prole cie d
by flood control devices and, dluerefor have not been
sid7jecd do flooding wide reasonable regularidv.
There is currently no definition of "Accessory Use" in the
Council adopted SMP. The definition would be inserted on
page 11 of the Council adopted SMP.
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jurisdiction, Tukwila's Shoreline Jurisdiction is defined as
follows:
The Tukwila Shoreline Jurisdiction includes the channel of
Ile Gree /Duwanrish River illi �;`i�, its banks,
the upland area which expends frond the ordinary high wafer
mark landward for 200 feel on each side of dhe river,
floodwuhs and all associate we llands within ips,fZoodplain.
For phe purpose (�f determining shoreline jurisdicpion onlY,
phe floodwa v shall nod include those lands dial have
hisporicallh been prole cie d b flood control devices and,
therefore, have nod been sul7jecd do flooding wiph reasonable
regularity.
�'rll wP rar:.¢ °gip, .;r.
Add a definition of accessory use to Section 3, as follows:
��_Ci ..1'.. d!�_i�i -..1 ('i d! '.Iii dl. I ➢,_ldlli� ``�I�[!
,1: h l 1.4i 1.Ii, -.?ist (_tk (_I (1.1:?i 1, '._1'0,° L- ^,tv'i. '1"i "1kl? 7I
lImIm Ili dll.I. dl r'el�l�'�i. �`�I�[! 'I ,i. I:! Ii ":i.
Ecology Finding/Staff
Comments
16
Substantial development: means any development of
which the total cost or fair market value exceeds five
thousand dollars or as adjusted by the State to account for
inflation, or any development which materially interferes
with the normal public use of the water or shorelines of the
state. The following shall not be considered substantial
developments for the purpose of the Shoreline Management
Act, but are not exempt from complying with the substantive
requirements of this SMP:
1. Normal maintenance or repair of existing structures or
developments, including damage by accident, fire, or
e. 8 u'fx a7 7 t
designated Aquatic. Portions
landward and within 200 feet of
the OHWM will be designated
Urban Conservancy.
Citv Staff Comment: A very
small segment of the Black River
is located in Tukwila, and as it is
designated a shoreline of the state
must also be included in the
City's SMP. Staff recommends
including this language in the
SMP.
Ecoloav Staff Finding: A
definition of accessory use is
added to the SMP. This provision
will help to clarify the appropriate
use of accessory uses when
implementing the SMP.
Citv Staff Comment: Staff
recommends including this
change in the SMP.
Citv Staff Comment: staff agrees
that the definition should be
revised to reflect the snore recent,
and correct definition language of
"substantial development" in the
W AC.
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elements;
Emergency construction necessary to protect property
from damage by the elements;
Construction and practices normal or necessary for
farming, irrigation, and ranching activities, including
agricultural service roads and utilities on shorelands,
and the construction and maintenance of irrigation
structures including but not limited to head gates,
pumping facilities, and irrigation channels. A feedlot
of any size, all processing plants, other activities of a
commercial nature, alteration of the contour of the
shorelands by leveling or filling other than that which
results from normal cultivation, shall not be
considered normal or necessary farming or ranching
activities. A feedlot shall be an enclosure or facility
used or capable of being used for feeding livestock
hay, grain, silage, or other livestock feed, but shall not
include land for growing crops or vegetation for
livestock feeding and /or grazing, nor shall it include
normal livestock wintering operations,
Construction or modification of navigational aids such
as channel markers and anchor buoys,
Construction on shorelands by an owner, lessee, or
contract purchaser of a single family residence for his
own use or for the use of his or her family, which
residence does not exceed a height of thirty -five feet
above average grade level and which meets all
requirements of the state agency or local government
having jurisdiction thereof, other than requirements
imposed pursuant to this chapter,
Construction of a dock, including a community dock,
designed for pleasure craft only, for the private
noncommercial use of the owner, lessee, or contract
purchaser of single and multiple family residences.
This exception applies if either: (A) In salt waters, the
fair market value of the dock does not exceed two
C'I u 'hc.
*[Remainder of definition would be as adopted by the
City Council -no other changes suggested to the definition.]
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thousand five hundred dollars, or (B) in fresh waters,
the fair market value of the dock does not exceed ten
thousand dollars, but if subsequent construction
having a fair market value exceeding two thousand
five hundred dollars occurs within five years of
completion of the prior construction, the subsequent
construction shall be considered a substantial
development for the purpose of this chapter,
7. Operation, maintenance, or construction of canals,
waterways, drains, reservoirs, or other facilities that
now exist or are hereafter created or developed as a
part of an irri system for the primary purpose of
making use of system waters, including return flow
and artificially stored groundwater for the irrigation of
lands,
8. The marking of property lines or corners on state
owned lands, when such marking does not
significantly interfere with normal public use of the
surface of the water,
9. Operation and maintenance of any system of dikes,
ditches, drains, or other facilities existing on
September 8, 1975, which were created, developed, or
utilized primarily as a part of an agricultural drainage
or diking system;
10. Site exploration and investigation activities that are
prerequisite to preparation of an application for
development authorization under this chapter, if:
a. The activity does not interfere with the normal
Public use of the surface waters,
b. The activity will have no significant adverse
impact on the environment including, but not
limited to, fish, wildlife, fish or wildlife habitat,
water quality, and aesthetic values,
c. The activity does not involve the installation of
a structure, and upon completion of the activity
the vegetation and land configuration of the site
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are restored to conditions existing before the
activity,
d. A private entity seeking development
authorization under this section first posts a
performance bond or provides other evidence of
financial responsibility to the local jurisdiction
to ensure that the site is restored to preexisting
conditions; and
e. The activity is not subject to the permit
requirements of RCW 90.58.550 (Oil and
Natural Gas exploration in marine waters),
11. The process of removing or controlling an aquatic
noxious weed, as defined in RCW 17.26.020, through
the use of an herbicide or other treatment methods
applicable to weed control that are recommended by a
final environmental impact statement published by the
department of agriculture or the department jointly
with other state agencies under chapter 43.21C RCW.
12. Watershed restoration projects, which means a public
or private project authorized by the sponsor of a
watershed restoration plan that implements the plan or
a part of the plan and consists of one or more of the
following activities:
a. A project that involves less than ten miles of
stream reach, in which less than twenty -five
cubic yards of sand, gravel, or soil is
removed, imported, disturbed or discharged,
and in which no existing vegetation is
removed except as minimally necessary to
facilitate additional plantings;
b. A project for the restoration of an eroded or
unstable stream bank that employs the
principles of bioengineering, including limited
use of rock as a stabilization only at the toe of
the bank, and with primary emphasis on using
native vegetation to control the erosive forces
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of flowing water; or
c. A project primarily designed to improve fish
and wildlife habitat, remove or reduce
impediments to migration of fish, or enhance
the fishery resource available for use by all of
the citizen of the state, provided that any
structure, other than a bridge or Culvert or
instream habitat enhancement structure
associated with the project, is less than two
hundred square feet in floor area and is
located above the ordinary high water mark of
the stream.
13. Watershed restoration plan, which means a plan,
developed or sponsored by the department of fish
and wildlife, the department of ecology, the
department of natural resources, the department of
transportation, a federally recognized Indian tribe
acting within and pursuant to its authority, a city, a
county or a conservation district that provides a
general program and implementation measures or
actions for the preservation, restoration, re- creation,
or enhancement of the natural resources, character,
and ecology of a stream, stream segment, drainage
area or watershed for which agency and public
review has been conducted pursuant to the State
Environmental Policy Act.
14. A public or private project that is designed to
improve fish or wildlife habitat or fish passage,
when all of the following apply:
a. The project has been approved in writing by
the department of fish and wildlife,
b. The project has received hydraulic project
approval by the department of fish and
wildlife pursuant to chapter 77.55 RCW; and
c. The local Government has determined that the
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project is substantially consistent with the
local shoreline master program. The local
government shall make such determination in
a timely manner and provide it by letter to the
project proponent.
Additional criteria for determining eligibility of fish
habitat projects are found in WAC 173 -27 -040 2 (p)
and apply to this exemption.
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4. SHORELINE INVENTORY AND
CHARACTERIZATION SUMMARY
Section 4, 4.1, and 4.5 shall be modified as follows:
Ecoloav Staff Finding: Ecology
requires an updated discussion of
floodplain management in the
SMP. A required change
identified the updated discussion
in an underline /strikeout format in
Chapter 4 of the SMP. The text
modifications address the current
status of levees in Tukwila.
21
Local* UrisdictionS updating their Shoreline Master Program
(SMP) are required to prepare an inventory and
characterization of the shoreline resources within their
boundaries. As part of the City's SMP update, a Draft
Inventory and Characterization Report and Map Folio was
prepared in December 2006, and finalized in the spring of
2007 following technical review by Ecology and King
County. The final report and map folio are included as
Appendix A to this SMP.
4.1 Watershed Context and Shoreline
Modifications
The City of Tukwila includes approximately 12.5 miles of
4. SHORELINE INVENTORY AND
CHARACTERIZATION SUMMARY
Local jurisdictions updating their Shoreline Master Program
(SMP) are required to prepare an inventory and
characterization of the shoreline resources within their
boundaries. As part of the City's SMP update, a Draft
Inventory and Characterization Report and Map Folio was
prepared in December 2006, and finalized in the spring of
2007 following technical review by Ecology and King
County. The final report and map folio are included as
Appendix A to this SMP. A h l 1, i h, ho, 1 11
uu
1h
4 E P..�',�I`li
k f
fire rmm� Y.�4.. k -01" ig
4.1 Watershed Context and Shoreline
Modifications
The City of Tukwila includes approximately 12.5 miles of
Citv Staff Comment: since the
time this language was developed,
FEMA has decided to continue its
review of the draft FEMA maps
rather than adopt them as a
result, the new required language
is not up -to -date.
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the Green /Duwamish River and is situated in the Puget
the Green /Duwamish River and is situated in the Puget
Sound Lowlands at the transition from the fresh water Green Sound Lowlands at the transition from the fresh water Green
River to the tidally influenced Duwamish estuary ecosystem.
The Green River basin is part of the Green /Duwamish Water
Resource Inventory Area (WRIA 9).
Historically, the Green /Duwamish River drained a
significantly larger area than it does today. The
Green /Duwamish River has undergone extensive
modifications in the past to reduce channel migration and
limit the extent and duration of valley flooding. The
modifications include both natural river course changes and
major engineering project~ in the early part of the 20`
century that diverted the White, Black and Cedar Rivers to
neighboring basins. As a result, the overall freshwater
discharge in the Green /Duwamish River has been reduced to
around a third of the pre diversion era.
Seven pump stations also modify flows into the Green and
Duwamish Rivers. Three of the pump stations, Black River,
P -17, and Segale, are operated by the Green River Flood
Control District, and four stations, Lift Stations 15, 17, 18,
and 19 are operated by the City of Tukwila. The Black
River pump station is the largest station discharging flows to
the Duwamish River. This station is approximately 1,000
feet upstream of the Green Black River confluence, and is
intended to both block floodwaters from the Green from
inundating the Black River and Springbrook Creek in the
City of Renton, and also regulates flows from Springbrook
Creek into the Duwamish River. The P -17 pump station
drains the P -17 Pond that collects surface water from a
majority of the Urban Center. The Segale pump station was
installed to regulate soil saturation and piping during high
river events but does not add new flows to the river. The
remaining City pump stations only operate when gravity
discharge to the river is prevented by high river events.
River to the tidally influenced Duwamish estuary
ecosystem. The Green River basin is part of the Green/
Duwamish Water Resource Inventory Area (WRIA 9).
Historically, the Green /Duwamish River drained a
significantly larger area than it does today. The
Green /Duwamish River has undergone extensive
modifications in the past to reduce channel migration and
limit the extent and duration of valley flooding. The
modifications include both natural river course changes and
major engineering project~ in the early part of the 20`
century that diverted the White, Black and Cedar Rivers to
neighboring basins. As a result, the overall freshwater
discharge in the Green /Duwamish River has been reduced to
around a third of the pre diversion era.
Seven pump stations also modify flows into the Green and
Duwamish Rivers. Three of the pump stations, Black River,
P -17, and Segale, are operated by the Green River Flood
Control District, and four stations, Lift Stations 15, 17, 18,
and 19 are operated by the City of Tukwila. The Black
River pump station is the largest station discharging flows to
the Duwamish River. This station is approximately 1,000
feet upstream of the Green Black River confluence, and is
intended to both block floodwaters from the Green from
inundating the Black River and Springbrook Creek in the
City of Renton, and also regulates flows from Springbrook
Creek into the Duwamish River. The P -17 pump station
drains the P -17 Pond that collects surface water from a
majority of the Urban Center. The Segale pump station was
installed to regulate soil saturation and piping during high
river events but does not add new flows to the river. The
remaining City pump stations only operate when gravity
discharge to the river is prevented by high river events.
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Council Adopted SMP Text
Levees and /or revetments were constructed along much of
the Green /Duwamish River through the City of Tukwila to
increase bank strength and reduce flooding. In addition,
flows within the Green /Duwamish River were greatly
modified by the construction of the Howard A. Hansen Dam
and installation of water diversions. These modifications
significantly reduced the severity of floods that historically
covered much of the valley bottom. The condition of the
current system of levees and revetments is a growing source
of concern for King County and the cities involved, as many
of the levees are aging and would not meet current standards
for either flood conveyance or stability.
4.5 Conclusions
Like many rivers in the Puget Sound region, the course and
dynamics of the Green /Duwamish River has changed
significantly as a result of development and alteration of its
watershed over the past century or so. Characteristic of
many cities in the region, Tukwila has grown and become
highly urbanized. Continued growth is anticipated and the
City is planning for that growth. To a significant degree, the
City has envisioned and maintained a development pattern
that preserved public access to the Green River and assured
setbacks of new buildings from the shoreline. Issues of
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Levees and /or revetments were constructed along much of
the Green /Duwamish River through the City of Tukwila to
increase bank strength and reduce flooding. In addition,
flows within the Green /Duwamish River were greatly
modified by the construction of the Howard A. Hansen Dam
and installation of water diversions. These modifications
significantly reduced the severity of floods that historically
covered much of the valley bottom. The condition of the
current system of levees and revetments is a growing source
of concern for King County and the cities involved, as many
of the levees are aging and t i k not meet current
standards for either flood conveyance or stability.
01 16d r .1] o" %m'j 1 loHl 1
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et. 4. i.$ ``l�(.et
s
��a \i i�,� _6I °C;j7t;,,! I1 �'vt d! °,t;'- ..II1. �:4i ..1���. It!4
t ➢i. all l! I1 Adi. i.A. ai: it.� ➢..�',I.'.I�_II! ➢4 I1!4.
4.5 Conclusions
Like many rivers in the Puget Sound region, the course and
dynamics of the Green /Duwamish River has changed
significantly as a result of development and alteration of its
watershed over the past century or so. Characteristic of
many cities in the region, Tukwila has grown and become
highly urbanized. Continued growth is anticipated and the
City is planning for that growth. To a significant degree, the
City has envisioned and maintained a development pattern
that preserved public access to the Green River and assured
setbacks of new buildings from the shoreline. Issues of
Ecology Finding/Staff
Comments
Ecoloav Staff Finding: Ecology
requires an updated discussion of
floodplain management in the
SMP. A required change
identified the updated discussion
in an underline /strikeout format in
Chapter 4 of the SMP. The text
modifications address the current
status of levees in Tukwila.
Citv Staff Comment: Staff
recommends including this
change in the SMP.
Ecoloav Staff Finding: Ecology
requires an updated discussion of
floodplain management in the
SMP. A required change
identified the updated discussion
in an underline /strikeout format in
Chapter 4 of the SMP. The text
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concern today are focused on existing levees and revetments
to protect existing development from flood hazards. There
are many opportunities for conservation and restoration
actions in the City to restore or replace habitat while
managing natural hazard areas.
N/A There is no Aquatic Environment in the Council adopted
SNIP
concern today are focused on u-- w ,1 111!
existing levees and revetments to protect
existing development from flood hazards_ dt:l .1' i ihoi
lo L ('.J L' tP1 o '.l t°Lt.', 1:€ �..tHt tl 1:. oI_lik.€ ,111.1` 1h:
There are many opportunities for
conservation and restoration actions in the City to restore or
replace habitat while managing natural hazard areas.
Add Policy 5.1.4 to read:
z 11!_;tI "4.�,4.,1�, II ➢4. II :�dlll °,t dt�_I�. 11`4.
,'I- jI_lt
I(m,' I I 11 (W 1 ,IIl1, dt ,i L111 "I",
i[1L11 "i1ktP1�,' •,[Y.tP„ 1:4�, "Lt.'lktv'1:?_. 1.4.�,.�' ,;.,'._ll.�, °t).
d! °i l �.:�I .l a1_�� '.l',i', II ,tI 1�, ;!I a1!�
1 to:)l .k i.
i[�,.11 "lkl:?1'ikl 1:?i,. ,.,�:1� �,�li_[ :l�ati �a:?t%
��t ➢C. ➢,lI ➢I_ ➢:��,It ll1r'a141 (•'I }'3�1i_ 11. %V e1.!l.l dull
ii,'t). o r,LI j.1C_l. .I.1
�Lt.'I_li l.Lt, i i I[`i k•, r,f r,', 1�, I, f °.?Ur,'.j I_ tk.? '!kl `,~.'Lt I_lt k;?..
e1'•ll i4 et. i 1 e1 r 1m;1iI V_etl lk,
4. I, ;11 I[`., t V_.➢ )ale Ili 1 t
k k k
I_U1 fl K 4144_. 011' lml lli_ .'.+_.",011
,1,. o 11 .i, j.4t1 t. .tk.ik:li- 111'lkl�Lit..i•," "I:: Ini''ilk1l_l. 11�, °El.
modifications address the current
status of levees in Tukwila.
Citv Staff Comment: staff
recommends including this
language in the SMP.
Ecoloav Staff Finding: The City
of Tukwila adopted an SNIP
without an Aquatic designation,
but has since concluded that an
Aquatic designation would be
beneficial. The required changes
include designating all areas
waterward of the ordinary high
water mark as Aquatic. Policies
and regulations relating to the
Aquatic environment are included
in the required changes. This
demonstrates consistency with
WAC 173 -26 -211 (5)(c).
Citv Staff Comment: The
addition of Policy 5.1.4 provides
the policy basis for establishing a
shoreline Aquatic Environment.
Staff recommends including this
language in the SNIP.
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1
p u _n a u n
v) a ul X"� P ,X"� T R.� El e
AND t
Ecology Finding/Staff
Comments
Text N/A
would be
inserted
after
Goal
6.11,
page 46
49 Section 7.3, paragraph 2:
The guidelines (WAC 173 -26 -211 (4) (b)) recommend six
basic environment designations: high intensity; shoreline
residential', urban conservancy; rural conservancy, natural
resource; and aquatic. Local governments may establish a
different designation system, retain their current
environment designations and /or establish parallel
environments provided the designations are consistent with
the purposes and policies of the guidelines (WAC 173 -26-
d!:?%i i<<, _�I d!.!� i. I.�: °dill' ➢:i 4�.t; ➢'�l�_d! '.Im.II!
k
�l`t: L1'. I. (kl .?1.4: '7ldi k. .1.
9
Revise paragraph 2 of Section 7.3 as follows:
The guidelines (WAC 173 -26 -211 (4) (b)) recommend six
basic environment designations: high intensity; shoreline
residential', urban conservancy; rural conservancy; natural
and aquatic. Local governments may establish a
different designation system, retain their current
environment designations and /or establish parallel
Citv Staff Comment: This
language repeats a portion of the
legislative intent and findings of
the Shoreline Management Act.
Staff recommends including this
language in the SMP and the
Comprehensive Plan.
Ecologv Stall Finding: A minor
typographical error is addressed
in required change 6.
Citv Stall Comment: This
corrects a typographical error
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TUKWILA SHORELINE MASTER PROGRAM: ECOLOGY AND 1 CHANGES COMPARISON MATRIX
Council
Adopted Council Adopted SMP Text
SMP
Page
1
p u _n a u n
v) a u_ X"� P ,X"� T R.� El e
AND t
Ecology Finding/Staff
Comments
211 (4)(c)). The guidelines also note that local shoreline
environment designations should be consistent with the local
comprehensive plan WAC 173 -26 -211 (3)
See Attachment B for the current text of Table 3. Ecology
52 -54 required changes are indicated in
environments provided the designations are consistent with
the purposes and policies of the guidelines (WAC 173 -26-
211 (4)(c)). The guidelines also note that local shoreline
environment designations should be consistent with the
local comprehensive plan (WAC 173 -26 -211 (3)).
=Li
See Attachment B for required revisions to Table 3
Ecology required changes are indicated in
strikeout /underline format.
the correct envlromllent
designation is "natural" not
"natural resource." Staff
recommends including this
language in the SMP.
Ecologv Staff Finding: While the
SMP has provisions for standard
prescriptive buffers, it also makes
provision for reduced buffers if
levees are modified to reduce
their profile and allow for 15 foot
wide area for vegetation. As
proposed, the SMP contains some
scenarios where there could be no
minimum buffer when reduced
pursuant to the SMP. The SMP
contains natural environment and
habitat use policies in Section 6.9
that require no net loss of
ecological function and requires
protection of wildlife, vegetation,
wetlands, and watercourses.
Table 3 within the SMP requires,
in many cases, that buffers that
are reduced under these
provisions to be no less than 50
percent of the width of the
standard buffers. Given that the
standard buffers in question are
100 or 125 feet, this results in a
modified buffer that is no less
than 50 feet. In order to ensure
internal consistency with these
portions of the SMP, a required
change to the SMP specifies that
the buffer must be a minimum of
CL Pa;c l' of 55 04/29/201 l 3:30:00 PM
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Council
Adopted
SMP
Page
Council Adopted SMP Text
1
AND t
Ecology Finding/Staff
Comments
50 feet when the buffer reduction
standards are met.
Citv Staff Comment: Staff
recommends including this
language in the SMP.
67
70
Section 7.7.C, paragraph 9
As an alternative to the 125 foot buffer for leveed areas, a
property owner inay construct levee or riverbank
improvements that meet the Army Corps of Engineers,
King County Flood Control District, and City of Tukwila
minimum levee profile. These standards at a minimum shall
include an overall slope of 2.5:1 from the toe of the levee to
the riverward edge of the crown, a 15 foot mid slope bench,
18' access across the top of the levee, a 2:1 back slope, and
an additional 10 foot no -build area measured from the
landward toe for inspection and repairs. In instances where
an existing building that has not lost its nonconforming
status prevents the complete construction of the minimum
levee profile, achieving an overall slope of 2.5:1 may be
difficult however, the slope should be as close to 2.5:1 as
possible.
Section 7.8.B, paragraph 4:
As an alternative to the 100 foot buffer, a property owner
may reslope the river bank to a maximum -3:1, provide a 20
foot setback from the top of the new slope and vegetate both
the river bank and the 20 foot setback area in accordance
with the standards in the Vegetation Protection and
Revise paragraph 9 of Section 7.7.0 on page 69 as
fellows:
As an alternative to the 125 foot buffer for leveed areas, a
property owner may construct levee or riverbank
improvements that meet the Army Corps of Engineers, King
County Flood Control District, and City of Tukwila
minimum levee profile. These standards at a minimum shall
include an overall slope of 2.5:1 from the toe of the levee to
the riverward edge of the crown, a 15 foot mid slope bench,
18' access across the top of the levee, a 2:1 back slope, and
an additional 10 foot no -build area measured from the
landward toe for inspection and repairs. In instances where
an existing building that has not lost its nonconforming
status prevents the complete construction of the minimum
levee profile, achieving an overall slope of 2.5:1 may be
difficult however, the slope should be as close to 2.5:1 as
4 4ik t.. i,, `7, �Ir,' .r, °l It t'l f {-.rf, .r,' "7 "7 (_1 .1.4
possible. E:.:
Revise paragraph 4 of Section 7.8.B on page 72 as
fellows:
As an alternative to the 100 foot buffer, a property owner
may reslope the river bank to a maximum -3:1, provide a 20
foot setback from the top of the new slope and vegetate both
Ecoloav Staff Finding: see
explanation above.
Citv Staff Comment: Ecology
requires that a minimum buffer be
stated. Staff recommends
including this language in the
SMP.
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Council
Adopted Council Adopted SMP Text
SMP
Page
R
AND 1 ,4DUD t
Ecology Finding/Staff
Comments
Landscaping Section. The property owner must also
demonstrate that this approach will not result in a loss of
ecological functions of the shoreline. In areas of the river
where this condition currently exists or where the property
owner has constructed these improvements, the buffer width
will be the actual distance as measured from the Ordinary
High Water Mark to the top of the bank plus 20 feet.
Will be There is no policy guidance in the Council Adopted SMP on
inserted an Aquatic Environment.
after
Section
7.8 on
page 70.
Text
would be This is a new section, as the Council adopted SMP does not
inserted contain a Use Matrix.
the river bank and the 20 foot setback area in accordance
with the standards in the Vegetation Protection and
Landscaping Section. The property owner must also
demonstrate that this approach will not result in a loss of
ecological functions of the shoreline. 1.t €t➢
i._d�.:1 1._I lt: 11at In areas of the liver
where this condition currently exists or where the property
owner has constructed these improvements, the buffer width
will be the actual distance as measured from the Ordinary
High Water Mark to the top of the bank plus 20 feet.
Add a new Section 7.9 as follows:
tI v ,N a- '�a'�9t x.,..+19: :a;� t
n th li hfk omj iI_; i t ➢I�, ?Iidt� s: ?;9 �sl it ra s ,_,,i '.d: s ?ik °It;r
'.I.'i•,,:�r +_1ita:? li;.,' pia art, t: =..;}1 xi_1 s�.�i °�1 °r,� tr
k s
11`{, 11.!,! a t 1, ,�,.ii�.. '11 !,.'._ILI,IIe a °:.l l ➢;4' 1j
II i. 111...1
�r R, Ii 4.. I( I 1. 1 ➢e��7i k;t (.tk
➢I4� i it. t t
t ,1_.'.I�.:` al.al� i, .7 Il�..�, l:,�I. ➢.I,� i_[ia.
�,.'..Il I I I i, 11 1 s ➢;1 i,d_:�i
d
.I,�, 1:�4I111i1�, I.➢
"1,1L1t ➢:9 l:4ti. .'i It➢.�.�lt. ➢:1 s :9d!( L
i➢ "I, 1, t_ 7. .1i1 x,14 �.dl
+_.i:d�(II ➢;t al:�t� �_t ➢!l1[11,.�_s, �,a. ,i .._[.'1:1 �_I "l1L'alTl� "�Ii1Ta
1,�, I ,[fit, dt =,t� �.d�.�.l �.I�,�_•,
lY
on page
1:�. ._1,, IQa� 1:! °,..�1 t I:!rli .!I wi L`._.I�`, d!
CL
W:ALou, Range Projects \ShorelineAL:cology Keview Adopted SNIPUZequired Changes Comparison Matrix Ya,e 14 of 55
Ecoloav Staff Finding: see
explanation above
Citv Staff Comment: Ecology
requires that a minimum buffer be
stated. Staff recommends
including this language in the
SMP.
Ecoloav Staff Finding: The City
of Tukwila adopted an SMP
without an Aquatic designation,
but has since concluded that an
Aquatic designation would be
beneficial. The required changes
include designating all areas
waterward of the ordinary high
water mark as Aquatic. Policies
and regulations relating to the
Aquatic environment are included
in the required changes. This
demonstrates consistency with
WAC 173 -26 -211 (5)(c).
Citv Staff Comment: Staff
recommends including this
language in the SMP.
Ecoloav Staff Finding: The SMP
has proposed to incorporate the
Tukwila Zoning Code use
provisions. As proposed, a reader
would need to turn to the Tukwila
04/29/2011 ;:;0:00 PM
TUKWILA SHORELINE MASTER PROGRAM: ECOLOGY ,a �w% "1 AND u CHANGES COMPARISON MATRIX
Council
Council Adopted SMP Text ,tr A -`rl
Ecology Finding/Staff
Adopted
AND
Comments
SMP
Page
'._I•,4 t•, ;III. ➢.o. aI lI�`14 �,�d144�
i -h:
Zoning code in order to determine
ll,�
�'4I l��i��,
°EI �l
permissible uses in the SMP. The
l 1 W 4'1<<, 11 dl:lt% 1
i 1 ➢:1a dl 4v:��, 1 %lip =.1i '..1,4
.'7�ti��i
zoning code can allow for uses
�.1,
that could cause harm to the
Fa I1 �I`r.. 1i1I '[tit k. r, Il.lt \l.t ➢;4 )�4..?�_'7 L,_
il'�I. cI. L1t �['.ti �6
shoreline environment such as
r,',.1� i.,t ➢i' -..I ik.4 �.1i4� 144.. t 'r,', I�. li l'ii.'i �.1.
r, It `7�t'd) dllt➢ 4 �1`t.�
airports and numerous industrial
i
s 1 r.dt f➢ ➢Sl .d zt ➢�.l
I�. I`dl:`�.�. •,t� I
pp
li.`t 4_4. �.,G 11 i
uses. The zoning code also makes
i�l dl 4c 1�. �.�:4�? 61 l:�t %��_dli,
1 i�`,1° d�
reference to provisions that are
lid"
unworkable in shoreline
�'4 d144�,.i111 ➢.61i '.1.4 �...11.. °tea �.1� f�l a
jurisdiction such as a provision
tl; ;t ➢441
for an unclassified use permit. A
SMP must be in a form that is
implementable. This is supported
4 I )r_ ..4 1 it .t➢ V i_1 6 <<s f
li .l lil 1 4 il_4
by RCW 90.58.090(7) and WAC
.1a➢'�.I� t�,' �,'i41 �.i➢.4,j�,, ;,i ii ��)tl, �_1�
It:� dl4,t➢ �.�44.
173- 26- 211(4)(a)(IV).
The required changes include a
4'. 1 °I w Ql ➢�s i
i1 1 4i
use matrix that somewhat narrows
�a .�.4� I11( t i[ e17,° 1� I`
-�.�I 1tlt 1 4 il`.4
the scope of uses in the shoreline
t �I,s, r,.i11.i➢.411 w:4i_ -I 4
4 X1:4, i tllll g,.1i
environment to focus more on
'.I'7 t� 11, ,�l.l.' =.I 7 y�t�. 1'11.. I. (.4 '7...w �1i ➢;4
water- dependant uses and uses
that are environmentally
41 11! I I E �t. 1 t
1 a ➢I
consistent with the shoreline
�I�t�l_4 dt:��.iY 11 _t i�:�. ��,,.<��lltri�4(
1.1 1�,�t
environment. The use matrix
i
➢_i 1.1.4. 4..411. l fir, 1
does recognize the existing
commercial and industrial nature
of many uses along the Green
River in Tukwila in that non
water oriented industrial uses will
still be allowed in shoreline
jurisdiction.
The Tukwila Zoning Code makes
no reference to the water oriented
use preferences articulated in
WAC 173- 26- 201(2)(d). While
Pag 15 of 55 04/29/2011 3:;0:00 PM
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W:ALong Range Projects \ShorelineAEcolot y Rcv icw Adopted SM1'\I2equi1*ed Changes Comparison Matrix
TUKWILA SHORELINE MASTER PROGRAM: ECOLOGY AND i CHANGES COMPARISON MATRIX
Council
Adopted Council Adopted SNIP Text
SNIP
Page
1
p u _n a u n
v) a u_ X"� P ,X"� T R.� El e
AND t
Ecology Finding/Staff
Comments
Use The Council adopted SMP did not include a Use Matrix.
Matrix
would be
inserted
after
page 71
71 -72 8.2 Shoreline Residential Environment -Uses
A. Shoreline Residential Buffer Permitted Uses
The Shoreline Residential River Buffer shall consist of the
area identified in the Shoreline Environment Designation
Section of the SMP and the uses shall meet the purposes and
criteria established therein.
See Attachment C for the Use Matrix
8.'4' Shoreline Residential Environment -Uses
A. Shoreline Residential Buffer Permitted Uses
The Shoreline Residential River Buffer shall consist of
the area identified in the Shoreline Environment
the use matrix and use standards
in Chapter 8 of the Tukwila SMP
allow for many non -water
oriented uses in shoreline
jurisdiction, a preference is made
for water oriented uses in a
manner that recognizes historic
land use patterns in the City.
Citv Staff Comment: The
required text explains the legend
for the Use Matrix staff
recommends including this
language in the SMP.
Ecologv Staff Finding: see
above.
Citv Staff Comment: Staff
developed this Use Matrix after
the adoption of the SMP, knowing
that it would be one of the
changes required by Ecology.
Staff recommends including this
language in the SMP.
Citv Staff Comment: With the
addition of two new subsections
in Section 8, the remaining
sections must be re- numbered.
Staff recommends including this
change in the SMP.
CL Ya;c 16 of 55
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Adopted
SMP
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Council Adopted SMP Text
1. Permitted Uses: No uses or structures are permitted in the
Shoreline Residential Buffer except for the following:
a. Shoreline Restoration Projects;
b. Over -water structures subject to the standards in the
Over -water Structures section associated with water
dependent uses, public access, recreation, flood control or
channel management. Private, single residence piers for the
sole use of the property owner shall not be considered an
outright use on the shoreline. A dock may be allowed when
the applicant has demonstrated a need for moorage and that
the following alternatives have been investigated and are not
available or feasible:
1). commercial or marina moorage;
2). floating moorage buoys,
3). joint use moorage pier /dock.
c. Public parks, recreation and open space,
d. Public pedestrian bridges
e. Public and /or private promenades, footpaths or trails,
f. Recreation structures such as benches, tables,
viewpoints, and picnic shelters, provided no such structure
shall exceed 15 feet in height or 25 square feet in area or
block views to the shoreline from adjacent properties,
Cr. Signs conforming to the Sign Code,
h. Maintenance or redevelopment of levees for flood
control purposes, provided they are designed to meet the
applicable levee regulations of this SMP
i. Vehicle bridges, only if connecting public rights -of -way;
j. Utility towers and utilities except the provision,
distribution, collection, transmission or disposal of refuse,
k. Fire lanes when co- located with levee maintenance
roads;
1. New shoreline stabilization utilizing the development
standards in the Shoreline Stabilization section of this SMP.
m. Water dependent uses and their structures, as long as
there is no net loss of shoreline ecological function,
1
p u a X"� ug X6 ty.
v) n
J, u_ P T R.� e
AND t
Designation Section of the SMP and the uses shall
meet the purposes and criteria established therein.
1. Permitted Uses: No uses or structures are permitted in
the Shoreline Residential Buffer except for the following:
a. Shoreline Restoration Projects;
b. Over -water structures subject to the standards in the
Over -water Structures section associated with water
dependent uses, public access, recreation, flood
control or channel management. Private, single
residence piers for the sole use of the property owner
shall not be considered an outright use on the
shoreline. A dock may be allowed when the
applicant has demonstrated a need for moorage and
that the following alternatives have been
investigated and are not available or feasible:
1). commercial or marina moorage;
2 floating moorage buoys,
3). joint use moorage pier /dock.
C. Public parks, recreation and open space,
d. Public pedestrian bridges
e. Public and /or private promenades, footpaths or trails,
f. Recreation structures such as benches, tables,
viewpoints, and picnic shelters, provided no such
structure shall exceed 15 feet in height or 25 square
feet in area or block views to the shoreline from
adjacent properties,
Signs conforming to W,t
h. Maintenance or redevelopment of levees for flood
control purposes, provided they are designed to meet
the applicable levee regulations of this SMP
i. Vehicle bridges, only if connecting public rights -of-
Ecoloav Staff Finding: The
adopted SMP incorporates
Tukwila's sign code, allowing a
broad array of signs in shoreline
jurisdiction. A required change
limits signs in shoreline
jurisdiction to interpretive, water
related, public safety, and road
purposes.
way;
Utility towers and utilities except the provision, Citv Staff Comment: a new
subsection is proposed to provide
Ecology Finding/Staff
Comments
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Council
Adopted Council Adopted SMP Text
SNIP
Page
n. Fences, provided the maximum height of a fence along
the shoreline is four feet and the fence does not extend
waterward beyond the top of the bank; chain link fences
must by vinyl coated.
o. Existing essential streets, roads and rights of way may
be maintained or improved,
P. Outdoor storage, only in conjunction with a water
dependent use,
q. Support facilities for above or below ground utilities or
Pollution control, such as runoff ponds, filter systems,
detention ponds and outfall facilities provided they are
located at or below grade and as far from the OHWM as
technically feasible;
r. Essential public facilities, both above and below ground,
and
s. Landfill as part of an approved remediation plan for the
purpose of capping contaminated sediments.
t. Patios, or decks not exceeding 18- inches in height,
limited to a maximum 200 square feet and 50% of the width
of the river frontage. Decks or patios must be located
landward of the top of the bank and be constructed to be
pervious and of environmentally friendly materials.
A, aA, „ut t
Ecology Finding/Staff'
AND k a: A! A E 0 1u 1 111
Comments
distribution, collection, transmission or disposal of
sign standards, rather than
refuse,
reference the City's Sign Code,
k.
Fire lanes when co- located with levee maintenance
TMC 19, which would then
roads,
require Ecology review and
1.
New shoreline stabilization utilizing the
approval of the entire code and
development standards in the Shoreline Stabilization
any future amendments to the sign
section of this SNIP.
code. Staff recommends
m.
Water dependent uses and their structures, as long as
including this language in the
there is no net loss of shoreline ecological function;
SNIP.
n.
Fences, provided the maximum height of a fence
along the shoreline is four feet and the fence does
Additional Information Provided
not extend waterward beyond the top of the bank;
by Ecoloav for This is to
chain link fences must by vinyl coated.
clarify that facilities that are water
o.
Existing essential streets, roads and rights of way
oriented and require a location in
may be maintained or improved;
the buffer can be allowed.
It
Outdoor storage, only in conjunction with a water
Allowing all drainage facilities in
dependent use,
the buffer would be inconsistent
q.
Support facilities for above or below ground utilities
with WAC 173 -26 -221 (3) and (5)
or pollution control, such as i i t�,, tid
and has not been shown to
.W;, E .:k _Fl outfall facilities (W
achieve no net loss of ecological
ik�I`r, Lti..l illl,'•, 11"11 k'._ d o ('Iii', ,h t..(k.?.4r,', (_1(k.?
function.
1i p
i(Y tYA il 11Y_4
provided they are located at or below grade and as
Ecoloav Staff Finding for
far from the OHWM as technically feasible,
The Tukwila Zoning Code makes
r
0', dt1 1 Wh, 1 l '."Sisential public facilities, both above
no reference to the water oriented
and below ground, and
use preferences articulated in
S.
kk:� ik.v�,'. €i -�,n� ,',,�,.4iv.�t it.<<.1�. 1.1i1�,,. h O
WAC 173- 26- 201(2)(d). While
H ho h,, _1
the use matrix and use standards
i
,4ik �i k,. L�L1(k.?
11i���t r „f Ll 1� r,. 1�7 oy o l
in Chapter 8 of the Tukwila SNIP
allow for many non-water
t.
Landfill as part of an approved remediation
oriented uses in shoreline
plan for the purpose of capping contaminated
jurisdiction, a preference is made
sediments.
for water oriented uses in a
U.
Patios, or decks not exceeding 18- inches in height,
manner that recognizes historic
limited to a maximum 200 square feet and 50% of
land use patterns in the City.
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Council
Adopted Council Adopted SMP Text
SMP
Page
1
p u _n a u n
v) a u) X"➢ P ,X"➢ T R.� El e
AND t
Ecology Finding/Staff
Comments
the width of the river frontage. Decks or patios must
be located landward of the top of the bank and be
constructed to be pervious and of environmentally
friendly material~. 1= o 1) 1 1 is o:
16,i '.�_dtl�, i1tl�_,t i:_dt��r. °w.a:1.
73 Conditional Uses: Only the following may be allowed as a
Conditional Use in the Shoreline Residential buffer
subject to the requirements, procedures and conditions
established by this program:
a. Dredging activities when in compliance with all
federal and state regulations, when necessary for
navigation or remediation of contaminated
sediments.
b. Dredging for navigational purposes is permitted
Add to Conditional Uses
Conditional Uses: Only the following may be allowed as
a Conditional Use in the Shoreline Residential buffer
subject to the requirements, procedures and conditions
established by this program:
a. Dredging activities when in compliance with all
federal and state regulations, when necessary
CL Paac 19 of 55
W:ALon, Rangc Projects \ShorelineAEcolo,y Review Adopted SMY\Required Changes Comparison Matrix
Ecoloav Staff Finding for a
modification to the SMP is
included in the required changes
that only allows non -water
oriented essential public facilities
within buffers if there is no
feasible location available outside
of the buffer.
Additional Information Provided
by Ecoloav for
Environmental impacts of
expansion into the shoreline
buffer need to be minimized and
mitigated. This provision allows
for minor expansions of decks and
patios in the shoreline buffers but
requires initlgatlon, if necessary.
Citv Staff Comment: Staff
recommends incorporating the
Recommended addition of
which will allow fill when it is
needed for ecological restoration
projects.
04/29/201 l 3:30:00 PM
TUKWILA SHORELINE MASTER PROGRAM: ECOLOGY AND 1 CHANGES COMPARISON MATRIX
Council
Adopted
SMP
Page
Council Adopted SMP Text
l
AND t
Ecology Finding/Staff
Comments
where necessary for assuring safe and efficient
accommodation of existing navigational uses
and then only when significant ecological
impacts are minimized and when mitigation is
provided. Maintenance dredging of established
navigation channels and basins is restricted to
maintaining previously dredged and /or existing
authorized location, depth and width. Dredging
of bottom materials for the purpose of obtaining
fill material is prohibited.
C. New private vehicle bridges.
73
8.2 Shoreline Residential Environment -Uses
B. Shoreline Residential Environment Uses
The Shoreline Residential Environment shall consist of the
remaining area within the 200 foot shoreline jurisdiction that
is not within the Shoreline Residential River Buffer. Uses
shall meet the purposes and criteria of the Shoreline
Residential Development Zone as established in the
Shoreline Environment Designation section.
for navigation or renrediation of contaminated
sediments.
b. Dredging for navigational purposes is permitted
where necessary for assuring safe and efficient
accommodation of existing navigational uses
and then only when significant ecological
impacts are minimized and when mitigation is
provided. Maintenance dredging of established
navigation channels and basins is restricted to
maintaining previously dredged and /or existing
authorized location, depth and width. Dredging
of bottom materials for the purpose of obtaining
fill material is prohibited.
C. New private vehicle bridges.
ili 'C'
8 C Shoreline Residential Environment -Uses
B. Shoreline Residential Environment Uses
The Shoreline Residential Environment shall consist of the
remaining area within the 200 foot shoreline jurisdiction
that is not within the Shoreline Residential River Buffer.
Uses shall meet the purposes and criteria of the
Shoreline Environment Designation section.
Citv Staff Comment: Staff
recommends the incorporation of
into the Council adopted
SMP.
Citv Staff Comment: With the
addition of two new subsections
in Section 8, the remaining
sections must be re- numbered.
Staff recommends including this
change in the SMP.
Additional Information Provided
by Ecoloav: This change is
necessary to implement the Use
Matrix and provisions of the SMP
rather than the zoning code.
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TUKWILA SHORELINE MASTER PROGRAM: ECOLOGY AND 1 CHANGES COMPARISON MATRIX
74 8.3 Urban Conservancv Environment Uses
a.
b.
c
d
e
f.
g
h
The Urban Conservancy Environment shall consist of the
areas identified in the Shoreline Environment Designations
sections of this SMP. Uses shall meet the purposes and
criteria of the Urban Conservancy Environment established
therein.
A. Urban Conservancy Environment Buffer Uses
Permitted uses: The following uses are permitted in the
Urban Conservancy River Buffer:
Shoreline Restoration Projects.
Over -water structures subject to the standards established
in the Over -water Structures Section that are associated
with water dependent uses, public access, recreation,
flood control, channel management or ecological
restoration,
Public parks, recreation and open space
Public and /or private promenades, footpaths or trails;
Public pedestrian bridges;
Recreation structures such as benches, tables, viewpoints,
and picnic shelters, provided no such structure shall
exceed 15 feet in height and 25 square feet in area and
views of the shoreline are not blocked from adjacent
properties,
Signs conforming to the Sign Code;
Maintenance or redevelopment of levees for flood control
purposes, provided that any redevelopment of a levee
shall meet the applicable levee regulations of this SMP;
New vehicle budges: permitted only if connecting public
rights -of -way; existing public or private vehicle bridges
may be maintained or replaced.
Utility towers and utilities except the provision,
distribution, collection, transmission or disposal of
8.rym Urban Conservancv Environment Uses
The Urban Conservancy Environment shall consist of the
areas identified in the Shoreline Environment Designations
sections of this SMP. Uses shall meet the purposes and
criteria of the Urban Conservancy Environment established
therein.
A. Urban Conservancy Environment Buffer Uses
Permitted uses: The following uses are permitted in the
Urban Conservancy River Buffer:
a. Shoreline Restoration Projects.
b. Over -water structures subject to the standards
established in the Over -water Structures Section that
are associated with water dependent uses, public
access, recreation, flood control, channel
management or ecological restoration;
C. Public parks, recreation and open space
d. Public and /or private promenades, footpaths or trails,
e. Public pedestrian bridges;
f. Recreation structures such as benches, tables,
viewpoints, and picnic shelters, provided no such
structure shall exceed 15 feet in height and 25 square
feet in area and views of the shoreline are not
blocked from adjacent properties,
Cr. Signs conforming t0
i[ri,
h. Maintenance or redevelopment of levees for flood
control purposes, provided that any redevelopment of
a levee shall meet the applicable levee regulations of
this SMP;
i. New vehicle bridges: permitted only if connecting
public rights -of -way; existing public or private
vehicle bridges may be maintained or replaced.
Citv Staff Comment: With the
addition of two new subsections
in Section 8, the remaining
sections must be re- numbered.
Staff recommends including this
change in the SMP.
Ecologv Staff Finding for
The adopted SMP incorporates
Tukwila's sign code, allowing a
broad array of signs in shoreline
jurisdiction. A required change
limits signs in shoreline
jurisdiction to interpretive, water
related, public safety, and road
purposes.
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refuse,
J.
Utility towers and utilities except the provision,
Citv Staff Comment: see
k.
Levee maintenance roads,
distribution, collection, transmission or disposal of
explanation under Shoreline
1.
Plaza connectors between buildings and levees, not
refuse,
Residential above.
exceeding the height of the levee, are permitted for the
k.
Levee maintenance roads;
purpose of providing and enhancing pedestrian access
1.
Plaza connectors between buildings and levees, not
along the river and for landscaping purposes.
exceeding the height of the levee, are permitted for
m.
New shoreline stabilization utilizing the development
the purpose of providing and enhancing pedestrian
standards in the Shoreline Stabilization Section.
access along the river and for landscaping purposes.
n.
Existing essential streets, roads and rights of way may be
m.
New shoreline stabilization utilizing the development
maintained or improved.
standards in the Shoreline Stabilization Section.
o.
Water dependent commercial and industrial
n.
Existing essential streets, roads and rights of way
development, if permitted by the underlying zoning
may be maintained or improved.
district,
o.
Water dependent commercial and industrial
p.
Regional detention facilities that meet the City's
development, if permitted by the underlying zoning
Additional Information Provided
InfrastrlletLire Design and Construction Standards along
district,
by Ecoloav for These
with their supporting elements such as ponds, piping,
p.
Regional detention facilities that meet the City's
provisions allow for vested and
filter systems and 011tfalls.
InfrastrlletLire Design and Construction Standards
water Oriented utilities. These
q.
Support facilities for above or below ground utilities or
along with their supporting elements such as ponds,
provisions also allow for utilities
pollution control, such as runoff ponds, filter systems,
piping, filter systems and outfalls
in the buffer when no alternative
detention ponds and Outfall facilities provided they are
.i11 t1oh, k? 11;1,
exists.
located at or below grade and as far from the OHWM as
o .ii, :..4 oI11 i,
technically feasible;
q.
Support facilities for above or below ground utilities
Additional Information Provided
f-
Outdoor storage, only in conjunction with a water
or pollution control, Such as i—
by Ecoloav for This is to
dependent uSe,
H s J1 h] Outfall facilities 1k,
clarify that facilities that are water
s.
Essential public facilities, both above and below ground.
fir:, ',dl�_1�II I. ihol 1,t1,i lrov, a1
oriented and require a location in
t.
Landfill as part of an approved remediation plan for the
1_1 k i_h, ,1r.1 k .1:4,,.f k k k1.1, i�, i 1;x,:1. mi H k. i
the buffer can be allowed.
purpose of capping contaminated sediments.
provided they are located at or below grade and as far
Allowing all drainage facilities in
from the OHWM as technically feasible,
the buffer would be inconsistent
Outdoor storage, only in conjunction with a water
with WAC 173 -26 -221 93) and
dependent use,
(5) and has not been shown to
S.
°1,11i 4 ssential public facilities, both above
achieve no net loss of ecological
and below ground.
function.
t.
(Y,1 0.
;.m"t m-m t,!,,' lhol H ho 1-,,11
Ecoloav Staff Finding for
1, JyJi .o1 .i,:
The Tukwila Zoning Code makes
no reference to the water oriented
u.
Landfill as part of an approved remediation plan for
use preferences articulated in
the purpose of capping contaminated sediments.
WAC 173- 26- 201(2)(d). While
the use matrix and use standards
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TUKWILA SHORELINE MASTER PROGRAM: ECOLOGY AND 1 CHANGES COMPARISON MATRIX
in Chapter 8 of the Tukwila SMP
allow for many non -water
oriented uses in shoreline
jurisdiction, a preference is made
for water oriented uses in a
manner that recognizes historic
land use patterns in the City.
Ecologv Staff Finding for i a
modification to the SMP is
included in the required changes
that only allows non -water
oriented essential public facilities
within buffers if there is no
feasible location available outside
of the buffer.
Citv Staff Comment for see
explanation under Shoreline
Residential above.
75
2. Conditional Uses: Only the following may be allowed as
a Conditional Use in the Shoreline Residential buffer
subject to the requirements, procedures and conditions
established by this program:
a. Dredging activities when in compliance with all
federal and state regulations, when necessary for
navigation or remediation of contaminated
sediments.
b. Dredging for navigational purposes is permitted
where necessary for assuring safe and efficient
accommodation of existing navigational uses and
then only when significant ecological impacts are
minimized and when mitigation is provided.
Maintenance dredging of established navigation
channels and basins is restricted to maintaining
IMLA
Add to Conditional Uses
2. Conditional Uses: Only the following may be allowed as
a Conditional Use in the Shoreline Residential buffer
subject to the requirements, procedures and conditions
established by this program:
a. Dredging activities when in compliance with all
federal and state regulations, when necessary for
navigation or remediation of contaminated
sediments.
b. Dredging for navigational purposes is permitted
where necessary for assuring safe and efficient
accommodation of existing navigational uses and
then only when significant ecological impacts are
minimized and when mitigation is provided.
Maintenance dredging of established navigation
channels and basins is restricted to maintaining
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TUKWILA SHORELINE MASTER PROGRAM: ECOLOGY AND 1 CHANGES COMPARISON MATRIX
75
previously dredged and /or existing authorized
location, depth and width. Dredging of bottom
materials for the purpose of obtaining fill material is
prohibited.
c. New private vehicle bridges.
previously dredged and /or existing authorized
location, depth and width. Dredging of bottom
materials for the purpose of obtaining fill material is
prohibited.
c. New private vehicle bridges.
Citv Staff Comment: see
explanation under Shoreline
Residential above. Staff
recommends including this
language in the SMP.
Additional Information Provided
by Ecoloav: This change is
included to be consistent with the
Use Matrix provisions.
75
B. Urban Conservancy Environment Uses
1.Permitted Uses: All uses permitted in the Urban
Conservancy Environment Buffer and /or the
underlying zoning district may be allowed.
2. Conditional Uses: All uses listed as Conditional Utieti
may be allowed subject to the requirements, procedures
and conditions of this program.
8.4 High Intensity Environment Uses
The High Intensity Environment Buffer shall consist of the
area identified in the Shoreline Environment Designations
section. Uses shall meet the purposes and criteria of
established therein.
A. High Intensity Environment Buffer Uses
1. Permitted uses: The following uses are permitted in the
Urban Conservancy River Buffer:
a. Shoreline Restoration Projects.
b. Over -water structures subject to the standards established
in the Over -water Structures Section that are associated
with water dependent uses, public access, recreation,
B. Urban Conservancy Environment Uses
1.Permitted Uses: All uses permitted in the Urban
Conservancy Environment Buffer and /or the .J,� I m,
�o1, i I l ,i_. may be allowed.
2. Conditional Uses: All uses listed as Conditional Uses
may be allowed subject to the requirements, procedures
and conditions of this program.
8.1 High Intensity Environment Uses
The High Intensity Environment Buffer shall consist of the
area identified in the Shoreline Environment Designations
section. Uses shall meet the purposes and criteria of
established therein.
A. High Intensity Environment Buffer Uses
1. Permitted uses: The following uses are permitted in the
Urban Conservancy River Buffer:
a. Shoreline Restoration Projects.
b. Over -water structures subject to the standards
established in the Over -water Structures Section that are
Citv Staff Comment: Staff
recommends including this
language in the SMP.
Citv Staff Comment: With the
addition of two new subsections
in Section 8, the remaining
sections must be re- numbered.
Staff recommends including this
change in the SMP.
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TUKWILA SHORELINE MASTER PROGRAM: ECOLOGY AND 1 CHANGES COMPARISON MATRIX
c
d
e
f.
Cr
h
nr
n.
o.
p-
q-
flood control, channel management or ecological
restoration,
Public parks, recreation and open space
Public and /or private promenades, footpaths or trails,
Public pedestrian bridges;
Recreation structures such as benches, tables, viewpoints,
and picnic shelters, provided no such structure shall
exceed 15 feet in height and 25 square feet in area and
views of the shoreline are not blocked from adjacent
properties,
Signs conforming to_the Sign Code
Maintenance or redevelopment of levees for flood control
purposes, provided that any redevelopment of a levee
shall meet the applicable levee regulations of this SMP;
New vehicle bridges: permitted only if connecting public
rights -of -way; existing public or private vehicle bridges
may be maintained or replaced.
Utility towers and utilities except the provision,
distribution, collection, transmission or disposal of
refuse,
Levee maintenance roads,
Plaza connectors between buildings and levees, not
exceeding the height of the levee, are permitted for the
purpose of providing and enhancing pedestrian access
along the river and for landscaping purposes.
New shoreline stabilization utilizing the development
standards in the Shoreline Stabilization Section.
Existing essential streets, roads and rights of way may be
maintained or improved.
Water dependent commercial and industrial
development, if permitted by the underlying zoning
district,
Regional detention facilities that meet the City's
Infrastructure Design and Construction Standards along
with their supporting elements such as ponds, piping,
filter systems and outfalls.
Support facilities for above or below ground utilities or
Pollution control, such as runoff ponds, filter systems,
detention ponds and outfall facilities provided they are
c
d
e
f.
Cr
h
nr
n.
o.
p-
associated with water dependent uses, public access,
recreation, flood control, channel management or
ecological restoration,
Public parks, recreation and open space
Public and /or private promenades, footpaths or trails,
Public pedestrian bridges,
Recreation structures such as benches, tables,
viewpoints, and picnic shelters, provided no such
structure shall exceed 15 feet in height and 25 square
feet in area and views of the shoreline are not blocked
from adjacent properties,
Signs conforming t0
Maintenance or redevelopment of levees for flood
control purposes, provided that any redevelopment of a
levee shall meet the applicable levee regulations of this
SMP;
New vehicle bridges: permitted only if connecting
public rights -of -way; existing public or private vehicle
bridges may be maintained or replaced.
Utility towers and utilities except the provision,
distribution, collection, transmission or disposal of
refuse,
Levee maintenance roads,
Plaza connectors between buildings and levees, not
exceeding the height of the levee, are permitted for the
purpose of providing and enhancing pedestrian access
along the river and for landscaping purposes.
New shoreline stabilization utilizing the development
standards in the Shoreline Stabilization Section.
Existing essential streets, roads and rights of way may be
maintained or improved.
Water dependent commercial and industrial
development, if permitted by the underlying zoning
district,
Regional detention facilities that meet the City's
Infrastructure Design and Construction Standards along
with their supporting elements such as ponds, piping,
filter systems and outfalls i I. o i h, i I t\ QSI
Ecoloav Staff Finding: The
adopted SMP incorporates
Tukwila's sign code, allowing a
broad array of signs in shoreline
jurisdiction. A required change
limits signs in shoreline
jurisdiction to interpretive, water
related, public safety, and road
purposes.
Citv Staff Comment: see
explanation under Shoreline
Residential Environment, above.
Additional Information Provided
by Ecoloav for These
provisions allow for vested and
water oriented utilities. These
provisions also allow for utilities
in the buffer when no alternative
exists.
Additional Information Provided
by Ecoloav for cs This is to
clarify that facilities that are water
oriented and require a location in
the buffer can be allowed.
Allowing all drainage facilities in
the buffer would be inconsistent
with WAC 173 -26 -221 (3) and (5
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TUKWILA SHORELINE MASTER PROGRAM: ECOLOGY AND 1 CHANGES COMPARISON MATRIX
f-
located at or below grade and as far from the OHWM as
technically feasible;
Outdoor storage, only in conjunction with a water
dependent use,
Essential public facilities, both above and below ground.
Landfill as part of an approved remediation plan for the
purpose of capping contaminated sediments.
tv' i(r1•, .�v�,.tllk tv' 1' :4�v �s, l� i :?,.�(11,� i�v, ,aLltv;?
q. Support facilities for above or below ground utilities or
Pollution control, such as
3 ii �z..,,. outfall facilities m
11"ll "1k'"l I"ll r: ,.1 t Il i',[,_ t..(k. 4 4 r,'t.. �1t k;4 Pik lIl, ,I`t k. �,.'.1; 4�," (_tk
provided they are located
at or below grade and as far from the OHWM as
technically feasible,
Outdoor storage, only in conjunction with a water
dependentuse,
s. _,t oii,_. �k, ii,-:li i :ssential public facilities, both above and
below ground.
t.
k i s s
Lt.4 I ,.`itk L '(k'._1. I. (�.tkl l'. It'U. 11 ��.tt 11 I .1 Ii k, '._lilkt'.4�t °U.
l h l
1 1
e1 ",�Ir ➢%et��f ➢.S eta. eft .ell r.4. :Y��� �C.14. !Y� ��Y:4.
U. Landfill as part of an approved remediation plan for the
purpose of capping contaminated sediments.
and has not been shown to
achieve no net loss of ecological
function.
Ecologv Staff Finding for a
modification to the SMP is
included in the required changes
that only allows non -water
oriented essential public facilities
within buffers if there is no
feasible location available outside
of the buffer.
Ecologv Staff Finding for i
The Tukwila Zoning Code makes
no reference to the water oriented
use preferences articulated in
WAC 173- 26- 201(2)(d). While
the use matrix and use standards
in Chapter 8 of the Tukwila SMP
allow for many non -water
oriented uses in shoreline
jurisdiction, a preference is made
for water oriented uses in a
manner that recognizes historic
land use patterns in the City.
Citv Staff Comment for see
explanation under Shoreline
Residential above. Staff
recommends including this
language in the SMP.
76
Additional Information Provided
by Ecologv: Minor formatting
change.
2. Conditional Uses he following may be allowed
as a Conditional Use in the Shoreline High Intensity
Environment buffer subject to the requirements,
procedures and conditions of this program.
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TUKWILA SHORELINE MASTER PROGRAM: ECOLOGY AND 1 CHANGES COMPARISON MATRIX
76 Add to Conditional Uses
77 B. Shoreline High Intensity Environment Uses
2. Conditional Uses: Only the following may be allowed as
a Conditional Use in the Shoreline Residential buffer
subject to the requirements, procedures and conditions
established by this program:
a. Dredging activities when in compliance with all
federal and state regulations, when necessary for
navigation or remediation of contaminated
sediments.
b.Dredging for navigational purposes is permitted
where necessary for assuring safe and efficient
accommodation of existing navigational uses and
then only when significant ecological impacts are
minimized and when mitigation is provided.
Maintenance dredging of established navigation
channels and basins is restricted to maintaining
previously dredged and /or existing authorized
location, depth and width. Dredging of bottom
materials for the purpose of obtaining fill material is
prohibited.
c. New private vehicle bridges.
cW
B. Shoreline High Intensity Environment Uses
Citv Staff Comment: see
explanation under Shoreline
Residential above. Staff
recommends including this
language in the SMP.
The Shoreline High Intensity Environment shall consist of the The Shoreline High Intensity Environment shall consist of the
remaining area within the 200 foot shoreline jurisdiction that is remaining area within the 200 foot shoreline jurisdiction that Additional Information Provided
not within the Shoreline High Intensity Environment Buffer is not within the Shoreline High Intensity Environment Buffer by Ecoloav: This change is
area. Uses shall meet the purposes and criteria of the Shoreline area. Uses shall meet the purposes and criteria of the included to be consistent with the
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TUKWILA SHORELINE MASTER PROGRAM: ECOLOGY ,a F' AND `Z CHANGES COMPARISON MATRIX
Environment Designations section.
Shoreline Environment Designations section.
Use Matrix provisions.
1. Permitted Uses: All uses permitted in the High Intensity 1. Permitted Uses: All uses permitted in the High Citv Staff Comment: Staff
Environment Buffer and/or the underlying zoning district. Intensity Environment Buffer and /or the .1:4���. recommends including this
i JI I language in the SMP.
11,
Next text Council adopted SMP does not include an Aquatic
would be Environment Uses section.
added to
page 77
7 IA
Eeoloav Staff Finding,: The City
of Tukwila adopted an SMP
without an Aquatic designation,
but has since concluded that an
Aquatic designation would be
beneficial. The required changes
include designating all areas
waterward of the ordinary high
water mark as Aquatic. Policies
and regulations relating to the
Aquatic environment are included
in the required changes. This
demonstrates consistency with
WAC 173- 26- 211(5)(c).
Citv Staff Comment: Staff
recommends including this
language in the SMP.
Pag 28 of 55 04/29/20111 3:;0:00 PM
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W:ALong Range Projects \ShorelineAEcolot y Rcv icw Adopted SMP\I2equired Changes Comparison Matrix
k
il'.I i ➢1.11.4. k,i 1, r,£;411,
CY. 4 'ilY�.
it '°.t "._(k. t'�1.14, �ti.. "i�:k'L1�1.
+.1 E➢ i.. (_'7
1t JJ ii i
pi pp ii pp
s
k
k
i ik (k, (k ^7!„.. 'i_
t \ill ,'�I lhol
011
wr�Qij
t.�.h.l "1I to�t
_s; 4.Sl l 4i 4 =i. i.1t
t 1 �4, e, v :I (i�1..1
.!.3 eifv �ri 4 o1�
Eeoloav Staff Finding,: The City
of Tukwila adopted an SMP
without an Aquatic designation,
but has since concluded that an
Aquatic designation would be
beneficial. The required changes
include designating all areas
waterward of the ordinary high
water mark as Aquatic. Policies
and regulations relating to the
Aquatic environment are included
in the required changes. This
demonstrates consistency with
WAC 173- 26- 211(5)(c).
Citv Staff Comment: Staff
recommends including this
language in the SMP.
Pag 28 of 55 04/29/20111 3:;0:00 PM
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TUKWILA SHORELINE MASTER PROGRAM: ECOLOGY .,a ,"F' AND `Z CHANGES COMPARISON MATRIX
79 Section 9.2 A.9:
Except for bridges, approved above ground utility structures
and water dependent uses and their structures, the maximum
height for structures shall be 30 feet as established by the
underlying zone.
t �v
:C.
Section 9.2. A-9 (Shoreline Residential Development
Standards) shall be modified as follows:
Except for bridges, approved above -round utility
structures, and water dependent uses and their Structures, the
maximum height for structures shall be ul C$
Citv Staff Comment Staff
recommends including this
language in the SMP.
Citv Staff Comment see
explanation under Shoreline
Residential above. Staff
recommends including this
language in the SMP.
L- L-
Ecolo2v Staff Findin2 A
required change establishes the
height limit for buildings in the
Shoreline Residential
Environment at 30 feet. While
the zoning code is not referenced
Pag 29 of 55 04/29/201 3: PM
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WALont Range 1'1-()jccts \SIIOI-cliiic\Ecoloty Rc\icw Adopted SMP\jZ C11,111, Comparison Matrix
J
i""dilhild'o"! lo,
J 1
i t „';1I
j
i2 trII
t L, i
"Ji: J
I o:h]
l
ji
,.!lil lko!
olli”, :IoIIN i, 1(; kt or", awl
t �v
:C.
Section 9.2. A-9 (Shoreline Residential Development
Standards) shall be modified as follows:
Except for bridges, approved above -round utility
structures, and water dependent uses and their Structures, the
maximum height for structures shall be ul C$
Citv Staff Comment Staff
recommends including this
language in the SMP.
Citv Staff Comment see
explanation under Shoreline
Residential above. Staff
recommends including this
language in the SMP.
L- L-
Ecolo2v Staff Findin2 A
required change establishes the
height limit for buildings in the
Shoreline Residential
Environment at 30 feet. While
the zoning code is not referenced
Pag 29 of 55 04/29/201 3: PM
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TUKWILA SHORELINE MASTER PROGRAM: ECOLOGY AND 1 CHANGES COMPARISON MATRIX
0 9.3 HiLyh Intensitv and Urban Conservancv
Environment Development Standards
or incorporated in the required
changes, this limit is consistent
with the Tukwila Zoning Code.
Citv Staff Comment: Staff
recommends including this
language.
Additional Information Provided
by Ecoloav: This is a formatting
change to include the Aquatic
Environment in the text of the
SNIP.
A. Standards
The following standards apply in the High Intensity and
Urban Conservancy Environment.
81 9.3 Hi!h Intensitv and Urban Conservancv
Environment Development Standards
C. Height Restrictions
Except for bridges, approved above ground utility structures,
and water dependent uses and their structures, the maximum
height for structures shall be as follows to preserve visual
access to the shoreline and avoid massing of tall buildings
within the shoreline jurisdiction:
1. 15 feet where located within the River Buffer,
2. 45 feet between the outside landward edge of the
River Buffer and 200' of the OHWM.
Provided, no permit shall be issued for any new or expanded
Section 9.3 shall be modified as follows:
9. 3 High Intensitv w d Urban Conservancv ar (I
I Development Standards
A. Standards
The following standards apply in the High Intensity r.: ..w.
Urban Conservancy o:� t% a ,1.1. k r) �i,, I,
9. 3 High Intensitv w d Urban Conservancv ar (I
I Development Standards
C. Height Restrictions
Except for bridges, approved above ground utility
structures, and water dependent uses and their structures, the
maximum height for structures shall be as follows to
preserve visual access to the shoreline and avoid massing of
tall buildings within the shoreline* Urisdiction:
3. 15 feet where located within the River Buffer;
4. 45 feet between the outside landward edge of the
River Buffer and 200' of the OHWM.
Provided, no permit shall be issued for any new or expanded
building or structure of more than 35 feet above average
Citv Staff Comment: these
proposed edits recognize the
addition of the Aquatic
Environment to the SNIP. Staff
recommends including this
language in the SNIP.
Citv Staff Comment: these
proposed edits recognize the
addition of the Aquatic
Environment to the SNIP. Staff
recommends including this
language in the SNIP.
Ecoloav Staff Finding: The SNIP
proposes to allow building height
to be increased to the maximum
allowed under the zoning code
(115 feet in some cases) if an
applicant constructs a shoreline
trail to City specifications in a
manner consistent with the City's
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building or structure of more than 35 feet above average
grade level on shorelines of the state that will obstruct the
view of a substantial number of residences on areas
adjoining such shorelines. The Director may approve a 15%
increase in height if the project proponent provides
substantial additional restoration and /or enhancement of the
shoreline buffer, beyond what may otherwise be required.
The enhancement and /or restoration is subject to the
standards of Section 9.10, Vegetation Protection and
Landscaping. If the required buffer has already been
restored, the project proponent may provide a 20% wider
buffer which has been restored and /or enhanced in order to
obtain the 15% increase in height. These incentives may not
be combined to achieve a greater than 15% height increase.
The enhancement /restoration is subject to the standards of
Section 9. 10, Vegetation Protection and Landscaping.
grade level on shorelines of the state that will obstruct the
view of a substantial number of residences on areas
adlolmng Such shorelines 11"o 1, 1uv•,, °L%
h k N: °-j jh— 11 1:l 1.?
io,1l I'l
The Director may approve a 15%
increase in height if the project proponent provides
substantial additional restoration and /or enhancement of the
shoreline buffer, beyond what may otherwise be required.
The enhancement and /or restoration is subject to the
standards of Section 9.10, Vegetation Protection and
Landscaping. If the required buffer has already been
restored, the project proponent may provide a 20% wider
buffer which has been restored and /or enhanced in order to
obtain the 15% increase in height. These incentives may not
be combined to achieve a greater than 15% height increase.
The enhancement /restoration is subject to the standards of
Section 9. 10, Vegetation Protection and Landscaping.
Green River Trail Plan. Building
heights of 115 feet in shoreline
jurisdiction are not analyzed in
the Cumulative Impacts Analysis.
A required change is included
eliminating the SNIP reference to
zoning height limits and requiring
an analysis of view blockage and
environmental impacts.
The adopted SNIP allows
increased building height as an
incentive for both public access
and enhancement of vegetation in
the shoreline buffer. A required
change to the SNIP makes is clear
that if a building is proposed with
a height of greater than 35 feet,
then there must be a
demonstration that the proposed
building will not block the views
of a substantial number of
residences consistent with RCW
90.58.320.
Required changes have been
included that require any
development over 35 feet in
height to analyze whether the
views of a substantial number of
residences will be blocked.
Additionally, the height limit
references to the zoning code
proposed in the SNIP will be
removed by the required changes.
A required change establishes the
height limit for buildings in the
Shoreline Residential
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89 Section 9.8
C. Where required, mitigation measures shall be applied in
the following sequence of steps listed in order of priority.
1. Avoiding the impact altogether by not taking a certain
action or parts of an action,
2. Minimizing impacts by limiting the degree or magnitude
of the action and its implementation by using
appropriate technology or by taking affirmative steps to
avoid or reduce impacts,
3. Rectifying the impact by repairing, rehabilitating, or
restoring the affected environment;
4. Reducing or eliminating the impact over time by
preservation and maintenance operations,
5. Compensating for the impact by replacing, enhancing, or
providing substitute resources or environments; and
6. Monitoring the impact and the compensation projects
and taking appropriate corrective measures.
Section 9.8.0 shall be modified as follows:
C. .t. i i i k l i ntigation
oil", .K_ HI L shall be applied in the following
order of priority.
1. Avoiding the impact altogether by not taking a
certain action or parts of an action,
2. Minimizing impacts by limiting the degree or
magnitude of the action and its implementation by
using appropriate technology or by taking affirmative
steps to avoid or reduce impacts,
3. Rectifying the impact by repairing, rehabilitating, or
restoring the affected environment,
4. Reducing or eliminating the impact over time by
preservation and maintenance operations,
5. Compensating for the impact by replacing,
enhancing, or providing substitute resources or
environments; and
6. Monitoring the impact and the compensation projects
and taking appropriate corrective measures.
Environment at 30 feet. While
the zoning code is not referenced
or incorporated in the required
changes, this limit is consistent
with the Tukwila Zoning Code.
Citv Staff Comment: This
required text change incorporates
a requirement of the Shoreline
Management Act. Staff
recommends including this
language in the SMP.
Ecologv Staff Finding: A
required change clarifies that
mitigation sequencing is a
requirement for all projects
consistent with WAC 173-26
201(2)(e)(i).
Citv Staff Comment: Staff
recommends including this
language in the SMP.
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94
Text
would be
added on
page 104
Table 4. Tree Replacement Requirements
Diameter* of Tree
No. of Replacement
Removed
Trees Required
4 -6 inches (sin trunk)
3
2 inches (any trunk of a
multi -trunk tree)
Over 6 8 inches
4
Over 8 20 inches
6
Over 20 inches
8
measured at height of 4
feet from the around
The Council adopted SMP does not include standards for
live- aboards.
�U.J 1
Table 4. Tree Replacement Requirements
Diameter* of Tree
No. of Replacement
Removed
Trees Required
4 -6 inches (single trunk)
3
2 inches (any trunk of a
multi -trunk tree)
Over 6 8 inches
4
Over 8 20 inches
6
Over 20 inches
8
measured at height of 4
feet from the around
Citv Staff Comment: this corrects
a typographical error staff
recommends incorporating this
recommended change in the
document.
New text
would be
added
after the
standard
s for
live
aboards
The Council Adopted SMP does not include a stand alone
section on signage, but instead refers to the City's adopted
sign code.
A new Section 9.13 shall be added as follows:
Citv Staff Comment: since there
are live- aboards in the marina in
the North Potential Annexation
Area, staff agrees the SMP should
include standards to apply to this
use. Staff recommends including
this language in the SMP.
Ecologv Staff Finding: The
adopted SMP incorporates
Tukwila's sign code, allowing a
broad array of signs in shoreline
Jurisdiction. A required change
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112
Section 10.6.D
Il LiL .1.0v
1:l i,.k. °t I. .iii [11 :l i[ 1 i•, ik
l! �1l `Tel Ir. iC `��'ill i[':i. fi�i. 4.li li�� �11 "1
i 'lkr,'�, °I_ .,,.e' =_ll.,'lkr, °;�i•, ik' ill, `.1:?'..l.ti tk.? .!1'ik,'ilk
T.t.
�1.i�� �..t.� 'ill �i��.' ellr,� t :i�h�at�_dll�!;_l
dl4t �i��.'1 t.$i.! ;i�.i�v t;it @4. 41.41 r.!,. ➢'t�Qai��;�_
k
d, 11 �tk,� l'. I�, Ir, iI r, .,!,I Y,,,i;4r:
�al���rf ➢el el.?l.� ➢i ...111 '.I!
Ecologv Staff Finding: Required
changes have been included to
make the wetland protection
provisions contained with the
SNIP consistent with the current
Ecology guidance regarding
wetland protection.
113
D. Wetlands shall be designated in accordance with the
Washington State Wetlands Rating System (Washington
Department of Ecology, August 2004, Publication #93 -74
as Category I, II, III, or IV as listed below:
10.7 Watercourse Designation and Ratings
A. Watercourse ratings are based on the existing habitat
functions and are rated as follows:
1. Type 1 Watercourse: Watercourses inventoried as
Shorelines of the State, under RCW 90.58
(Green /Duwamish River).
2. TVne 2 Watercourse: Those watercourses that have
Section 10.6.D shall be modified as follows:
D. Wetlands shall be designated in accordance with the
e
..1�'t[1,_,lI It r S to t 4', s1 i :'_"I.... E ...1;11 .:I
as Cate gory I,
II, Ill, or IV as listed below:
44:'x,
10.7 Watercourse Designation and Ratings
limits signs in shoreline
jurisdiction to interpretive, water
related, public safety, and road
purposes
Citv Staff Comment: this new
subsection provides guidance on
the types of signage permitted in
the shoreline jurisdiction. Staff
recommends including this
language in the SNIP.
Citv Staff Comment: Staff
recommends including this
language in the SNIP.
A. Watercourse ratings are based on the existing habitat
functions and are rated as follows:
1. Tvne 1 l �3 k Watercourse: Watercourses Citv Staff Comment: Staff
inventoried as Shorelines of the State, under concurs with this Ecology
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either perennial (year- round) or intermittent flows
and support salmonid fish use.
3. Type 3 Watercourse: Those watercourses that have
perennial flows and are not used by salmonid fish.
4. Type 4 Watercourse: Those watercourses that have
intermittent flows and are not used by salmonid fish.
B. Watercourse sensitive area studies shall be performed by
a qualified professional (hydrologist, geologist, engineer or
other scientist with experience in preparing watercourse
assessments).
115 10.9 B. Establishment of Buffer Widths
The following standard buffers shall be established:
1. Wetland buffers (measured from the wetland edge)
a. Categories I and 11 Wetlands; 100 foot buffer.
b. Category Ill Wetland; 80 -foot buffer.
c. Category IV Wetland; 50 -foot buffer.
2. Watercourse buffers (measured from the Ordinary
High Water Mark):
a. Type 1 Watercourse: The buffer width for the
Green /Duwamish River is established in the
Shoreline Environment Designations of this SMP
for the three designated shoreline environments.
b. Type 2 Watercourse: 100 -foot -wide buffer.
c. Type 3 Watercourse: 80 -foot -wide buffer.
d. Type 4 Watercourse: 50 -foot -wide buffer.
3. Fish and Wildlife Habitat Conservation Areas: the
buffer will be the same as the river buffer established
RCW 90.58 (Green /Duwamish River). Recommended Change, which is
2. Type 2 w Watercourse: Those watercourses also consistent with the SAO
that have either perennial (year- round) or update approved by Council.
intermittent flows and support salmonid fish
use.
3. ape 3 Watercourse: Those watercourses
that have perennial flows and are not used by
salmonid fish.
4. Type 4 -3" Watercourse: Those watercourses
that have intermittent flows and are not used by
salmonid fish.
B. Watercourse sensitive area studies shall be performed
by a qualified professional (hydrologist, geologist, engineer
or other scientist with experience in preparing watercourse
assessments).
I Via. L
10.9 B. Establishment of Buffer Widths
The following standard buffers shall be established:
1. Wetland buffers measured from the wetland edge):
a. Categories I and II Wetlands; 100 foot buffer.
b. Category III Wetland; 80 -foot buffer.
c. Category IV Wetland; 50 -foot buffer.
2. Watercourse buffers (measured from the Ordinary
High Water Mark):
a. Type 1 Watercourse: The buffer width for
the Green /Duwamish River is established in the
Shoreline Environment Designations of this
SMP for the three designated shoreline
envlromllents.
b. Type 2 Watercourse: 100 -foot -wide buffer.
c. Type 3 fit;, Watercourse: 80 -foot -wide buffer.
d. Type 4 Watercourse: 50 -foot -wide buffer.
3. Fish and Wildlife Habitat Conservation Areas: the
Citv Staff Comment: Staff
concurs with this Ecology
Recommended Change, which is
also consistent with the SAO
update approved by Council.
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for each Shoreline Environment measured from the
OHWM, unless an alternate buffer is established and
approved at the time a Fish and Wildlife Habitat
restoration project is undertaken.
115
Section 10.9D. Reduction of Standard Buffer Width
Except for the Green /Duwamish River (Type 1 watercourse
for which any variation in the buffer shall be regulated under
the shoreline provisions of this Program), the buffer width
may reduced on a case -by -case basis, provided the reduced
buffer area does not contain slopes 15% or greater. In no
case shall the approved buffer width result in greater than a
50% reduction in width. Buffer reduction with enhancement
may be allowed as part of a Substantial Development permit
if:
1. Additional protection to wetlands or watercourses
will be provided through the implementation of a
buffer enhancement plan,
2. The existing condition of the buffer is degraded,
3. Buffer enhancement includes, but is not limited to the
following:
a. Planting vegetation that would increase value for
fish and wildlife habitat or improve water quality,
b. Enhancement of wildlife habitat by incorporating
structures that are likely to be used by wildlife,
including wood duck boxes, bat boxes, snags,
root wads /stumps, birdhouses and heron nesting
areas; or
c. Removing non native plant species and noxious
weeds from the buffer area and replanting the
area.
buffer will be the same as the river buffer established
for each Shoreline Environment measured from the
OHWM, unless an alternate buffer is established and
approved at the time a Fish and Wildlife Habitat
restoration project is undertaken.
Section 10.9D. Reduction of Standard Buffer Width
Except for the Green /Duwamish River (Type 1 watercourse
for which any variation in the buffer shall be regulated
under the shoreline provisions of this Program), the buffer
width may reduced on a case -by -case basis, provided the
reduced buffer area does not contain slopes 15% or greater.
In no case shall the approved buffer width result in greater
than a 50% reduction in width. Buffer reduction with
enhancement may be allowed as part of a Substantial
Development permit if:
1. Additional protection to wetlands or watercourses
will be provided through the implementation of a
buffer enhancement plan, dt:
2. The existing condition of the buffer is degraded
,1.4i
3. Buffer enhancement includes, but is not limited to
the following:
a. Planting vegetation that would increase value for
fish and wildlife habitat or improve water quality,
b. Enhancement of wildlife habitat by incorporating
structures that are likely to be used by wildlife,
including wood duck boxes, bat boxes, snags, root
wads /stumps, birdhouses and heron nesting areas; or
c. Removing non- native plant species and noxious
weeds from the buffer area and replanting the area.
Additional Information Provided
by Ecoloav: This clarifies that all
three criteria must be met.
Citv Staff Comment: adding
"and" clarifies that all three
criteria must be met. Staff
recommends including this
language in the SNIP.
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120
Section 10.11 Sensitive Area Permitted Uses and
Alterations
A. General Sensitive Areas Permitted Uses
a.
b.
C.
d.
e
f.
I
All uses permitted in the Shoreline Jurisdiction Buffers
are allowed in sensitive area buffers within the
jurisdiction except:
Promenades
Recreational structures
Public pedestrian bridges
Vehicle bridges
New utilities
Plaza connectors
Water dependent uses and their structures
Essential streets, roads and rights of way
Essential public facilities
Outdoor storage
2.
a.
b
In addition, the following uses are allowed:
Maintenance activities of existing landscaping and
gardens in a sensitive area buffer including but not
limited to mowing lawns, weeding, harvesting and
replanting of garden crops and pruning and planting of
vegetation. The removal of established native trees and
shrubs is not permitted. Herbicide use in sensitive areas
or their buffers is not allowed without written
permission of the City.
Vegetation maintenance as part of sensitive area
enhancement, creation or restoration. Herbicide use in
sensitive areas or their buffers is not allowed without
written permission of the City.
B. Uses Requiring a Type II permit
Section 10.11 Sensitive Area Permitted Uses and
Alterations shall be modified as fellows:
A. General Sensitive Areas Permitted Uses
All uses permitted in the Shoreline Jurisdiction Buffers
are allowed in sensitive area buffers within the
jurisdiction except:
a. Promenades
b. Recreational structures
c. Public pedestrian bridges
d. Vehicle bridges
e. New utilities
f. Plaza connectors
Cr. Water dependent uses and their structures
h. Essential streets, roads and rights of way
i. Essential public facilities
J. Outdoor storage
2. In addition, the following uses are allowed:
a. Maintenance activities of existing landscaping
and gardens in a sensitive area buffer including but not
limited to mowing lawns, weeding, harvesting and
replanting of garden crops and pruning and planting of
vegetation. The removal of established native trees and
shrubs is not permitted. Herbicide use in sensitive areas
or their buffers is not allowed without written
permission of the City.
b. Vegetation maintenance as part of sensitive area
enhancement, creation or restoration. Herbicide use in
sensitive areas or their buffers is not allowed without
written permission of the City.
Ecoloav Staff Finding: A
required change eliminates a
requirement for a Type II permit
from the SMP. The Type 11
permit was proposed by the City
to address concerns about
shoreline exempt projects in
critical areas. While this is a
legitimate concern on the part of
the City, the concern can be
addressed through Recommended
Change 12 requiring a written
exemption for such activities.
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1. Maintenance and repair of existing uses and facilities
where alteration or additional fill materials will be placed or
heavy construction equipment used.
2. Construction of new essential streets and roads, rights
of -way and utilities.
3. New surface water discharges to sensitive areas or their
buffers from detention facilities, pre settlement ponds or
other surface water management structures may be allowed
provided that the discharge meets the clean water standards
of RCW 90.48 and WAC 173.200 and 173.201 as amended,
and does not adversely affect water level fluctuations in the
wetland or adversely affect watercourse habitat and
watercourse flow conditions relative to the existing rate.
4. Plaza connectors
5. Essential public facilities
C. Overwater structures
7. Recreation structures
Section 10.11 Sensitive Area Permitted Uses and
121 Alterations
C. Conditional Uses
121
Dredging, where necessary to remediate contaminated
sediments, if adverse impacts are mitigated.
Section 10.11 Sensitive Area Permitted Uses and
Alterations
D. Wetland Alterations.
Alterations to wetlands are discouraged, are limited to the
minimum necessary for project feasibility, and must have an
approved mitigation plan developed in accordance with the
standards in this chapter.
Section 10.11 Sensitive Area Permitted Uses and
Alterations
46 Conditional Uses
Dredging, where necessary to remediate contaminated
sediments, if adverse impacts are mitigated.
1FLAP1102 A L.'4'Cn4 m, I1 .t 'k, r Imp
Section 10.11 Sensitive Area Permitted Uses and
Alterations
1:. Wetland Alterations.
Alterations to wetlands are discouraged, are limited to the
minimum necessary for project feasibility, and must have an
approved mitigation plan developed in accordance with the
standards in this chapter.
1. Mitigation for wetlands shall follow the mitigation
Citv Staff Comment: A Type 11
permit is a reference to the City's
Zoning Code, which is not
permitted. Elimination of these
uses means if they are permitted
in the buffer, then they will not be
required to obtain an additional
permit other than a shoreline
substantial development permit (if
triggered). Staff is not
recommending incorporating
Recommended Change #12 as a
substitute for this deleted
language.
Citv Staff Comment: Lettering of
remaining subsections revised to
reflect Ecology required deletion
of subsection B. Staff
recommends including this
language in the SMP.
Citv Staff Comment: Lettering of
remaining subsections revised to
reflect Ecology required deletion
of subsection B. Staff
recommends including this
language in the SMP.
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1. Mitigation for wetlands shall follow the mitigation
sequencing steps in this chapter and may include the
following types of actions:
a. Creation the manipulation of the physical, chemical or
biological characteristics to develop a wetland on an upland
or deepwater site, where a biological wetland did not
previously exist,
b. Re- establishment the manipulation of the physical,
chemical or biological characteristics of a site with the goal
of restoring wetland functions to a former wetland, resulting
in a net increase in wetland acres and functions;
c. Rehabilitation the manipulation of the physical,
chemical, or biological characteristics with the goal of
repairing historic functions and processes of a degraded
wetland, resulting in a gain in wetland function but not
acreage,
d. Enhancement the manipulation of the physical,
chemical or biological characteristics to heighten, intensify,
or improve specific functions (such as vegetation) or to
change the growth stage or composition of the vegetation
present, resulting in a change in wetland functions but not in
a gain in wetland acreage; or
e. A combination of the three types.
sequencing steps in this chapter and may include the
following types of actions:
a. Creation the manipulation of the physical,
chemical or biological characteristics to develop a
wetland on an upland or deepwater site, where a
biological wetland did not previously exist,
b. Re- establishment the manipulation of the physical,
chemical or biological characteristics of a site with
the goal of restoring wetland functions to a former
wetland, resulting in a net increase in wetland acres
and functions,
Rehabilitation the manipulation of the physical,
chemical, or biological characteristics with the goal
of repairing historic functions and processes of a
degraded wetland, resulting in a gain in wetland
function but not acreage;
Enhancement the manipulation of the physical,
chemical or biological characteristics to heighten,
intensify, or improve specific functions (such as
vegetation) or to change the growth stage or
composition of the vegetation present, resulting in a
change in wetland functions but not in a gain in
wetland acreage; or
A combination of the three types.
2. Allowed alterations per wetland type and mitigation
ratios are as follows: 2.Allowed alterations per wetland type and mitigation
a. Alterations are not permitted to Category I or Il wetlands
unless specifically exempted under the provisions of this
Program. Mitigation will still be required at a rate of 3:1 for
creation or re- establishment, 4:1 for rehabilitation, and 6:1
for enhancement.
b. Alterations to Category III wetlands are prohibited
except where the location or configuration of the wetland
provides practical difficulties that can be resolved by
modifying up to .10 (one tenth) of an acre of wetland.
Mitigation for any alteration to a Category Ill wetland must
be located contiguous to the altered wetland. Mitigation for
any alteration to a Category III wetland must be provided at
a ratio of 2:1 for creation or re- establishment, 4:1 for
ratios are as follows:
1 ,1: h] ._l:d., 'd °i 1.1i..Lt..v i, °itkl'h, °21 1h:
,''7l_o i:.d1.
a h Alterations are not permitted to Category ,r II
wetlands unless specifically exempted under the
provisions of this Program. Mitigation will still be
required at a rate of 3:1 for creation or re- establishment,
4:1 for rehabilitation, and 4:1 for enhancement
I} _Alterations to Category Ill wetlands are prohibited Staff recommends including this
Additional Information Provided
by Ecoloav: These mitigation
ratios are consistent with the
current Department of Ecology
wetland guidance.
Citv Staff Comments: The
changes in mitigation ratios make
the language consistent with the
updated SAO approved by
Council. See 18.45.090.E.1.b.
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TUKWILA SHORELINE MASTER PROGRAM: ECOLOGY AND 1 CHANGES COMPARISON MATRIX
rehabilitation and 8:1 for enhancement alone.
c. Alterations to Category IV wetlands are allowed, where
unavoidable and adequate mitigation is carried out in
accordance with the standards of this section. Mitigation for
alteration to a Category IV wetland will be 1.5:1 for creation
or re- establishment and 3:1 for rehabilitation or
enhancement.
d. Isolated wetlands formed on fill material in highly
disturbed environmental conditions and assessed as having
low overall wetland functions (scoring below 20 points) may
be altered and /or relocated with the permission of the
Director. These wetlands may include artificial hydrology or
wetlands unintentionally created as the result of construction
activities. The determination that a wetland is isolated is
made by the US Army Corps of Engineers.
except where the location or configuration of the
wetland provides practical difficulties that can be
resolved by modifying up to .10 (one tenth) of an
acre of wetland. Mitigation for any alteration to a
Category III wetland must be located contiguous to
the altered wetland. Mitigation for any alteration to a
Category III wetland must be provided at a ratio of
2:1 for creation or re- establishment, 4:1 for
rehabilitation and 8:1 for enhancement alone.
F J Alterations to Category IV wetlands are allowed,
where unavoidable and adequate mitigation is
carried out in accordance with the standards of this
section. Mitigation for alteration to a Category IV
wetland will be 1.5:1 for creation or re- establishment
and 3:1 for rehabilitation er o:� t%
enhancement.
4- Isolated wetlands formed on fill material in highly
disturbed environmental conditions and assessed as
having low overall wetland functions (scoring below
20 points) may be altered and /or relocated with the
permission of the Director. These wetlands may
include artificial hydrology or wetlands
unintentionally created as the result of construction
activities. The determination that a wetland is
isolated is made by the US Army Corps of
Engineers.
language in the SMP.
Section 10.11 Sensitive Area Permitted Uses and
Alterations
E. Watercourse Alterations
All impacts to a watercourse that degrade the functions and
values of the watercourse shall be avoided. If alternation to
the watercourse is unavoidable, all adverse impacts shall be
mitigated in accordance with the approved mitigation plan as
described in this chapter. Mitigation shall take place on -site
or as close as possible to the impact location, and
compensation shall be at a minimuml:1 ratio. Any
Section 10.11 Sensitive Area Permitted Uses and
Alterations
0 -4. Watercourse Alterations
All impacts to a watercourse that degrade the functions and
values of the watercourse shall be avoided. If alternation to
the watercourse is unavoidable, all adverse impacts shall be
mitigated in accordance with the approved mitigation plan
as described in this chapter. Mitigation shall take place on-
site or as close as possible to the impact location, and
Citv Staff Comment: Subsection
re- lettered to reflect deletion of
subsection B above. Staff
recommends including this
language in the SMP.
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2.
3
4
mitigation shall result in improved watercourse functions compensation shall be at a minimuml:1 ratio. Any
over existing conditions. mitigation shall result in improved watercourse functions
over existing conditions.
Diverting or rerouting may only occur with the
permission of the Director and an approved mitigation 1
plan. Any watercourse that has critical wildlife habitat
or is necessary for the life cycle or spawning of
salmonids, shall not be rerouted, unless it can be shown
that the habitat will be improved for the benefit of the
species. A watercourse may be rerouted or day lighted
as a mitigation measure to improve watercourse
function.
Piping of any watercourse should be avoided.
Relocation of a watercourse is preferred to piping; if 2
piping occurs in a watercourse sensitive area, it shall be
limited and shall require approval of the Director.
Piping of Type 1 watercourses shall not be permitted.
Piping may be allowed in Type 2, 3 or 4 watercourses if
it is necessary for access purposes. Piping may be
allowed in Type 4 watercourses if the watercourse has a
degraded buffer, is located in a highly developed area
and does not provide shade, temperature control etc. for
habitat. The applicant must comply with the conditions
of this section, including: providing excess capacity to
meet needs of the system during a 100 -year flood event,
and providing flow restrictors, and complying with
water quality and existing habitat enhancement
procedures.
No process that requires maintenance on a regular basis
will be acceptable unless this maintenance process is 3
part of the regular and normal facilities maintenance
process or unless the applicant can show funding for this
maintenance is ensured for as long as the use remains.
Piping projects shall be performed pursuant to the
following applicable standards:
a. The conveyance system shall be designed to comply 4
with the standards in current use and recommended
by the Department of Public Works.
b. Where allowed, piping shall be limited to the
Diverting or rerouting may only occur with the
permission of the Director and an approved mitigation
plan i,:' I f
i i.t •7 .1.. .4t`!.., 77i.t. v '11
Any watercourse that has critical wildlife habitat or is
necessary for the life cycle or spawning of salmonids,
shall not be rerouted, unless it can be shown that the
habitat will be improved for the benefit of the species. A
watercourse may be rerouted or day lighted as a
mitigation measure to improve watercourse function.
Piping of any watercourse should be avoided.
Relocation of a watercourse is preferred to piping; if
piping occurs in a watercourse sensitive area, it shall be
limited and shall require approval of the Director.
Piping of Type 1 watercourses shall not be permitted.
Piping may be allowed in Type 2, 3 or 4 watercourses if
it is necessary for access purposes Piping may be
allowed in Type 4 watercourses if the watercourse has a
degraded buffer, is located in a highly developed area
and does not provide shade, temperature control etc. for
habitat. The applicant must comply with the conditions
of this section, including: providing excess capacity to
meet needs of the system during a 100 -year flood event,
and providing flow restrictors, and complying with
water quality and existing habitat enhancement
procedures.
No process that requires maintenance on a regular basis
will be acceptable unless this maintenance process is
part of the regular and normal facilities maintenance
process or unless the applicant can show funding for
this maintenance is ensured for as long as the use
remains.
Piping projects shall be performed pursuant to the
following applicable standards:
a. The conveyance system shall be designed to comply
with the standards in current use and recommended
Additional Information Provided
by Ecoloav: Clarifying that
approvals from other agencies
may be necessary.
Citv Staff Comment: Staff
recommends including this
language in the SMP.
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123
shortest length possible as determined by the
Director to allow access onto a property.
c. Where water is piped for an access point, those
driveways or entrances shall be consolidated to
serve multiple properties where possible, and to
minimize the length of piping.
d. When required by the Director, watercourses under
by the Department of Public Works.
b. Where allowed, piping shall be limited to the
shortest length possible as determined by the
Director to allow access onto a property.
c. Where water is piped for an access point, those
driveways or entrances shall be consolidated to
serve multiple properties where possible, and to
minimize the length of piping.
d. When required by the Director, watercourses under
drivable surfaces shall be contained in an arch
drivable surfaces shall be contained in an arch
culvert using oversize or super span culverts for
rebuilding of a streambed. These shall be provided
with check dams to reduce flows, and shall be
replanted and enhanced according to a plan
approved by the Director.
e. All watercourse crossing shall be designed to
accommodate fish passage. Watercourse crossings
shall not block fish passage where the streams are
fish bearing.
f. Storm water runoff shall be detained and infiltrated
to preserve the watercourse channel's dominant
discharge.
Cr. All construction shall be designed to have the least
adverse impact on the watercourse, buffer and
surrounding environment.
h. Piping shall be constructed during periods of low
flow, or as allowed by the State Department of Fish
and Wildlife.
i. Water quality must be as good or better for any
water exiting the pipe as for the water entering the
pipe, and flow must be comparable.
Section 10.11 Sensitive Area Permitted Uses and
Alterations
Citv Staff Comment: Lettering of
remaining subsections revised to
reflect deletion of subsection B.
Staff recommends including this
language in the SMP.
F.. Fish and Wildlife Conservation Area Alterations
Alterations to the Green /Duwamish River are regulated by
the shoreline provisions of this SMP. Alterations to Fish and
culvert using oversize or super span culverts for
rebuilding of a streambed. These shall be provided
with check dams to reduce flows, and shall be
replanted and enhanced according to a plan
approved by the Director.
e. All watercourse crossing shall be designed to
accommodate fish passage. Watercourse crossings
shall not block fish passage where the streams are
fish bearing.
f. Storm water runoff shall be detained and infiltrated
to preserve the watercourse channel's dominant
discharge.
g. All construction shall be designed to have the least
adverse impact on the watercourse, buffer and
surrounding environment.
h. Piping shall be constructed during periods of low
flow, or as allowed by the State Department of Fish
and Wildlife.
i. Water quality must be as good or better for any
water exiting the pipe as for the water entering the
pipe, and flow must be comparable.
Section 10.11 Sensitive Area Permitted Uses and
Alterations
Fish and Wildlife Conservation Area Alterations
Wildlife Conservation Areas that have been created as Alterations to the Green /Duwamish River are regulated by
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130
restoration or habitat enhancement sites and that are shown
on the Sensitive Areas in the Shoreline Jurisdiction Map are
prohibited and may only be authorized through a shoreline
variance procedure.
Section ILLA shall be modified as follows:
A. Public access to or along the shoreline as described in
Section 11 shall be provided on all property that abuts the
Green /Duwamish River shoreline in accordance with this
section as further discussed below where any of the
following conditions are present.
Map.
1. Where a development or use will create increased
demand for public access to the shoreline, the
development or use shall provide public access to
mitigate this impact.
2. Where a development or use will interfere with an
existing public access way, the development or use
shall provide public access to mitigate this impact.
Impacts to public access may include blocking access
or discouraging use of existing on -site or nearby
accesses.
3. Where a use or development will interfere with a public
use of lands or waters subject to the public trust
doctrine, the development shall provide public access
to mitigate this impact.
4. Where the development is proposed by a public entity
or on public lands.
5. Where identified on the Shoreline Public Access
the shoreline provisions of this SMP. Alterations to Fish
and Wildlife Conservation Areas that have been created as
restoration or habitat enhancement sites and that are shown
on the Sensitive Areas in the Shoreline Jurisdiction Map are
prohibited and may only be authorized through a shoreline
variance procedure.
Section ILLA shall be modified as follows:
A. Public access to or along the shoreline as described in
Section 11 shall be provided on all property that abuts the
Green /Duwamish River shoreline in accordance with this
section as further discussed below where any of the
following conditions are present.
1. Where a development or use will create increased
demand for public access to the shoreline, the
development or use shall provide public access to
mitigate this impact.
2. Where a development or use will interfere with an
existing public access way, the development or use
shall provide public access to mitigate this impact.
Impacts to public access may include blocking access
or discouraging use of existing on -site or nearby
accesses.
3. Where a use or development will interfere with a public
use of lands or waters subject to the public trust
doctrine, the development shall provide public access
to mitigate this impact.
4. Where the development is proposed by a public entity
or on public lands.
5. Where identified on the Shoreline Public Access
Map.
t (r,_, .1 Lt. ?U '.11 1.1 ^k1(k;4 ik; !11 r, °tk'' .kl it d_'7tk'Lt
k
.lI10 r,' +..I t: tk. -jI "kIC1, 1or1
Additional Information Provided
by Ecoloav: This provision is
consistent with WAC 173 -26 -221
(4) (d). This is a standard public
access requirement in
subdivisions.
Citv Staff Comment: Staff
recommends including this
language in the SMP.
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133 This is new text to be added to Section 11.5.
Section 11.5 shall be modified as follows (add as an
introductory paragraph before 11.5 A):
11.5 Public Access Incentives
_1QS1.! f'.'- ..I��3[I�_ a!�_i�i f'_t I .I! dl.. _t ➢1 I��, a.� II[ ,[!t �I:�i
ii ii 1 i i
f °t;�u �i t ,I c:?4.° i ;,l.Idtl�. I[?ail I[ t.? lt!Il���li� -l�[
.lt k�_ �1,i k, �Il,' 11�, °','s. 7 ik Lt ','.1��•,i;.t.?i_1 .1. l'ilk��r,'.�tk� 1. It.�.�i r,�7
Ecologv Staff Finding: The SMP
proposes to allow building height
to be increased to the maximum
allowed under the zoning code
(115 feet in some cases if an
applicant constructs a shoreline
trail to City specifications in a
manner consistent with the City's
Green River Trail Plan. Building
heights of 115 feet in shoreline
jurisdiction are not analyzed in
the Cumulative Impacts Analysis.
A required change is included
eliminating the SMP reference to
zoning height limits and requiring
an analysis of view blockage and
environmental impacts.
The adopted SMP allows
increased building height as an
incentive for both public access
and enhancement of vegetation in
the shoreline buffer. A required
change to the SMP makes is clear
that if a building is proposed with
a height of greater than 35 feet,
then there must be a
demonstration that the proposed
building will not block the views
of a substantial number of
residences consistent with RCW
90.58.320.
Required changes have been
included that require any
development over 35 feet in
height to analyze whether the
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134 11.5 Public Access Incentives
D. The maximum height for structures may be
increased to the height permitted in the underlying zoning
district for properties that construct a 14' wide paved trail
with a two -foot wide shoulder on each side for public access
along the river in areas identified for new shoreline trail
segments, or where, in the case of properties containing or
abutting existing public access trails, the existing trail either
meets the standard of a 14 foot wide trail with two foot
shoulders on either side or the property owner provides any
necessary easements and improvements to upgrade the
existing trail to that standard along the property frontage.
R
11.5 Public Access Incentives
D. The maximum height for structures may be increased i
fi 1 ?1 1
,.6 .._.YI t or
properties that construct a 14' wide paved trail with a
two -foot wide shoulder on each side for public access
along the river in areas identified for new shoreline trail
segments, or where, in the case of properties containing
or abutting existing public access trails, the existing trail
either meets the standard of a 14 foot wide trail with
two foot shoulders on either side or the property owner
provides any necessary easements and improvements to
upgrade the existing trail to that standard along the
property frontage.
77
t.lV_... e1.4 ti.. e1 lip, et,ut. )e11tA4 l 4 e1�'.. l.➢
i
i_,1'._I,i. 11v W(M Ik W d I r 1�71d1i_I q_IC d1,_ 1;?II 11(
k k
1'1k:2�.li i•, LIiJ.ti ,.i i "i,'t.. (_1 .4 iI t� .11 t" t..(k. .�1 U,tk'. �.�.?U.
1h, .�(i, i[ .I.4
views of a substantial number of
residences will be blocked.
Additionally, the height limit
references to the zoning code
proposed in the SMP will be
removed by the required changes.
Citv Staff Comment: This
required change incorporates a
requirement of the SMA. Staff
recommends including this
language in the SMP.
Ecologv Staff Finding: see above
for discussion on required
changes related to building
heights in the shoreline
jurisdiction.
Citv Staff Comments: The
addition of this text provides
review criteria to ensure that
development does not block the
views of a significant number of
residences. Staff recommends
including this language in the
SMP.
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143
143
13.1 Shoreline Substantial Development Permit Not
Required
Shoreline restoration projects shall be allowed without a
Shoreline Substantial Development Permit when these
projects meet the criteria established by WAC 173-27
040(o) and (p) and H.B. 2199.
13.2 ChanLyes in Shoreline Jurisdiction due to
Restoration
Relief may be granted from shoreline master program
standards and use regulations in cases where shoreline
restoration projects result in a change in the location of the
OHWM and associated shoreline jurisdiction on the subject
property and /or adjacent properties and where application of
shoreline master program regulations would preclude or
interfere with the uses permitted by the underlying zoning,
thus presenting a hardship to the project proponent.
A. Applications for relief, as specified on subsection B
below must meet the following criteria:
1. The proposed relief is the minimum necessary to
relieve the hardship,
2. After granting the proposed relief, there is net
environmental benefit from the restoration project;
and
3. Granting the proposed relief is consistent with the
objectives of the shoreline restoration project and
with the shoreline master program.
F
Section 13.1 shall be modified as follows:
13.1 Shoreline Substantial Development Permit Not
Reauired
Shoreline restoration projects shall be allowed without a
Shoreline Substantial Development Permit when these
projects meet the criteria established by WAC 173-27
040(o) and (p) and .l
Section 13.2 shall be modified as follows:
13.3 ChanLyes in Shoreline Jurisdiction due to
Restoration
Relief may be granted from shoreline master program
standards and use regulations in cases where shoreline
restoration projects result in a change in the location of the
OHWM and associated shoreline jurisdiction on the subject
property and /or adjacent properties and where application of
shoreline inaster prograin regulations Would preclude or
interfere with the uses permitted by the underlying zoning,
thus presenting a hardship to the project proponent.
A. Applications for relief, as specified on subsection B
below must meet the following criteria:
1. The proposed relief is the minimum necessary to
relieve the hardship,
2. After granting the proposed relief, there is net
environmental benefit from the restoration
project; and
3. Granting the proposed relief is consistent with the
objectives of the shoreline restoration project and
with the shoreline master program.
Ecologv Staff Finding: see
below, required corrections to
Section 13.2 for explanation.
Citv Staff Comment: this
required change corrects a
reference to legislation that is now
codified in the RCW. Staff
recommends including this
language in the SMP.
Ecologv Staff Finding: Prior to
the adoption of EHB 2199, the
City of Tukwila was developing
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TUKWILA SHORELINE MASTER PROGRAM: ECOLOGY AND 1 CHANGES COMPARISON MATRIX
Where a shoreline restoration project is created as
mitigation to obtain a development permit, the project
proponent required to perform the mitigation is not
eligible for relief under the provisions of this section.
B. The portion of property that moves from outside shoreline
jurisdiction to inside shoreline jurisdiction as a result of the
shoreline restoration project:
1. may be developed for the full range of uses of the
underlying zoning consistent with the zoning code,
including uses that are not water- oriented,
2. is not required to obtain a shoreline substantial
development permit;
3. is not subject to the SMP provisions for public
access,
4. may be developed for the full range of uses of the
underlying zoning is not subject to shoreline
design review; and
5. is not subject to the development standards set
forth in this Program, except as set forth in Section
13.2 C.
Where a shoreline restoration project is created as
mitigation to obtain a development permit, the project
proponent required to perform the mitigation is not
eligible for relief under the provisions of this section.
.1 A .i,'l it''A. L1.4 I .1,,t
Ll iii.. Lttii k;4 �(k, ir,',
B. portion of property that move~ from outside
shoreline jurisdiction to inside shoreline jurisdiction as a
result of the shoreline restoration project i 4. i tii
h: i [o 1.�
1 ae1, t, i i i develop i i iI for the full range
Of uses of the underlying zoning consistent with the
zoning code, including uses that are not water
oriented,
2. i, ,,ji1.i it .t1,L ")ki,::?I to obtain a
shoreline substantial development permit
�vi[Y�,.��,i•,�,� "lki'� ',�y "ik i[`�,� f'._ti. ik� °:�i 'tv' �a
•,'.l�'dd,ll_ I'l
i
3. _4 _t i, of the SMP provisions for
public access,
4.
E' I :,l shoreline design review, and
5. the development standards
set forth in this Program, except as set forth in
Section 13.2 C.
provisions for regulatory relief for
property that is brought into
shoreline jurisdiction because a
restoration project has moved the
ordinary high water mark. EHB
2199 subsequently became law
and has been codified as RCW
90.58.580. The regulatory relief
being drafted by the City can be
read to be inconsistent with the
requirements of RCW 90.58.580.
Therefore, a required change is
included to make it clear that the
provisions of RCW 90.58.580 is
applicable. The relief provisions
drafted by the City can be utilized
as guidance in a manner that is
consistent with RCW 90.58.580.
Citv Staff Comment: These
required changes reflect the
provisions of RCW 90.58.580; the
language revisions in B.1 -5
improve how the text reads. Staff
recommends including this
language in the SMP.
151 14.5 Non conforming Development
A. Non conforming Uses
Any preexisting lawful use of land that would not be allowed
under the terms of this SMP may be continued as an
allowed, legal non conforming use, so long as that use
remains lawful, subject to the following:
Section 14.5.A.4 shall be modified to read:
4. If a change of use is proposed to a use determined to be
non- conforming by application of provisions in this SMP,
the proposed new use must be a permitted use in the SMP or
a use approved under a Conditional Use Permit process. For
purposes of implementing this section, a change of use
Ecologv Staff Finding: The SMP
has proposed to incorporate the
Tukwila Zoning Code use
provisions. As proposed, a reader
would need to turn to the Tukwila
Zoning code in order to determine
permissible uses in the SMP. The
zoning code can allow for uses
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No such non conforming use shall be enlarged, constitutes a change from one Permitted, Conditional Use
intensified, increased or extended to occupy a greater category to another such use category as listed within the
use of the land, structure or combination of the two, �o i.1
than was occupied at the effective date of adoption of
this SMP;
2. No non conforming use shall be moved or extended
in whole or in part to any other portion of the lot or
parcel occupied by such use at the effective date of
adoption or amendment of this SMP;
3. If any such non conforming use ceases for any
reason for a period of more than 24 consecutive
months, any subsequent use shall conform to the
regulations specified by this SMP for the shoreline
environment in which such use is located. Upon
request of the owner, prior to the end of the 24
consecutive months and upon reasonable cause shown,
the City Council may grant an extension of time
beyond the 24 consecutive months, per 14.5 C.
4. If a change of use is proposed to a use determined to
be non conforming by application of provisions in this
SMP, the proposed new use must be a permitted use in
the SMP or a use approved under a Conditional Use
Permit process. For purposes of implementing this
section, a change of use constitutes a change from one
Permitted, Conditional Use category to another such
use category as listed within the zoning code.
5. A structure that is being or has been used for a
nonconforming use may be used for a different
nonconforming use after demonstrating the following
criteria have been met:
a. No reasonable alternative conforming use is
practical,
b. The proposed use will be at least as consistent
with the policies and provisions of the SMP and
as compatible with the uses in the area as the
preexisting use,
c. The use or activity is enlarged, intensified,
increased or altered only to the minimum
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that could cause harm to the
shoreline environment such as
airports and numerous industrial
uses. The zoning code also makes
reference to provisions that are
unworkable in shoreline
jurisdiction such as a provision
for an unclassified use permit. A
SMP must be in a form that is
implementable. This is supported
by RCW 90.58.090(7) and WAC
173- 26- 211(4)(a)(IV
Citv Staff Comment: If the SMP
makes reference to the zoning
code, then the entire zoning code
is subject to review and approval
by Ecology. Staff recommends
including this language in the
SMP.
04/29/201 l 3:30:00 PM
TUKWILA SHORELINE MASTER PROGRAM: ECOLOGY AND 1 CHANGES COMPARISON MATRIX
amount necessary to achieve the intended
functional purpose,
d. The structure(s) associated with the non-
conforming use shall not be expanded in a
manner that increases the extent of the
nonconformity;
e. The change in use will not create adverse
impacts to shoreline ecological functions and /or
processes,
f. The applicant restores and or /enhances the entire
shoreline buffer, including but not limited to
paved areas no longer in use on the property, to
offset the impact of the change of use per the
vegetation management standards of this
program. This may include the restoration of
paved areas to vegetated area if no longer in use.
152 B. Non conforming Structures
Where a lawful structure exists at the effective date of
adoption of the SMP that could not be built under the terms
of the SMP by reason of restrictions on height, buffers or
other characteristics of the structure, it may be continued as
an allowed, legal structure so long as the structure remains
otherwise lawful subject to the following provisions:
Such structures may be repaired, maintained,
upgraded and altered provided that (1) the structure
may not be enlarged or altered in such a way that
increases its degree of nonconformity or increases its
impacts to the functions and values of the shoreline
environment except as authorized in TMC Section
18.66.120, and (2) the cost of the alterations may not
exceed an aggregate cost of fifty percent (50 of
the value of the building or structure in any three (3)
year period based upon its most recent assessment,
unless the amount over fifty percent (50 is used to
make the building or structure more conforming, or
Section 14.5.B.5 shall be modified as follows:
5. Residential structures i, located in any .h k.,, .1:4i,:
!n_° and in existence at the
time of adoption of this SMP shall not be deemed
nonconforming in terms of height, h],, 111 loI use, or
location provisions of this title. Such buildings may be
rebuilt after a fire or other natural disaster to their
original dimensions, location and height, but may not be
changed except as provided in the non conforming uses
section of this chapter.
Additional Information Provided
by Ecoloav: This provision
allows that existing structures in a
Residential Environment do not
need to be considered
nonconforming as to the SMP
residential structure standards or
use. By referencing the SMP
shoreline environment rather than
the zoning code, zoning code
provisions are not incorporated
into the SMP.
Citv Staff Comment: Staff
recommends including the
language revisions in the SMP.
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is used to restore to a safe condition any portion of a
building or structure declared unsafe by a proper
authority.
2. Should Such structure be destroyed by any accidental
means the structure may be reconstructed to its
original dimensions and location on the lot provided
application is made for permits within twelve (12)
months of the date the damage occurred and all
reconstruction is completed within two years of
permit issuance. In the event that the property is
redeveloped, such redevelopment must be in
conformity with the provisions of this SNIP.
3. Should such structure be moved for any reason or
any distance whatsoever, it shall thereafter conform
to the regulations of this SNIP after it is moved.
4. When a non conforming structure, or structure and
premises in combination, is vacated or abandoned
for 24 consecutive months, the structure, or structure
and premises in combination, shall thereafter be
required to be in conformance with the regulations
of the SNIP. Upon request of the owner, prior to the
end of the 24 consecutive months, and upon
reasonable cause shown, the City Council may grant
an extension of time beyond the 24 consecutive
months per 14.5 C.
5. Residential structures and uses located in any single
family or multiple family residential zoning district
and in existence at the time of adoption of this SNIP
shall not be deemed nonconforming in terms of
height, use, or location provisions of this title. Such
buildings may be rebuilt after a fire or other natural
disaster to their original dimensions, location and
height, but may not be changed except as provided
in the non conforming uses section of this chapter.
6. Single family structures in single- or multiple family
residential zone districts, which have legally non-
conforming setbacks from the OHWM per the SNIP
buffer, shall be allowed to expand the ground floor
only along the existing building line(s), so long as
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the existing distance from the nearest point of the
structure to the OHWM is not reduced, and the
square footage of new intrusion into the buffer does
not exceed 50% of the square footage of the current
intrusion. As a condition of building permit
approval a landscape plan showing removal of
invasive plant species within the entire shoreline
buffer and replanting with appropriate native species
must be submitted to the City. Maintenance of these
plantings through the establishment period is
recommended.
7. For the purposes of this section, altered or partially
reconstructed is defined as work that does not
exceed 50% of the assessed valuation of the building
over a three year period.
8. A non conforming -use, within a non conforming
structure, shall not be allowed to expand into any
other portion of the structure.
153 See above for adopted text 14.5.13. 6.
Section 14.5.B.6 shall be modified as follows:
6. Single family structures in ih,- '-,h k.. X1:4, �,1 i, .�i_1a�
_r_' which have legally non conforming setbacks from
the OHWM per the SMP buffer, shall be allowed to expand
the ground floor only along the existing building line(s), so
long as the existing distance from the nearest point of the
structure to the OHWM is not reduced, and the square
footage of new intrusion into the buffer does not exceed
50% of the square footage of the current intrusion. As a
condition of building permit approval a landscape plan
showing removal of invasive plant species within the entire
shoreline buffer and replanting with appropriate native
Species must be submitted to the City. Maintenance of these
plantings through the establishment period is recommended.
Additional Information Provided
by Ecoloav: This change is to
make it clear that the provision
applies to the Shoreline
Residential Environment and not
a zoning code designation. In this
manner, the zoning code
provisions are not incorporated
into the SMP.
Citv Staff Comment: Staff
recommends including the
language revisions in the SMP.
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147 142 Substantial Development Permit Reauirements
A. Permit Application Procedures
Add a new Section .1 -i .2 as follows:
142 Substantial Development Permit Reauirements
A. Permit Application Procedures
Applicants for a Shoreline Substantial Development Permit Applicants for a Shoreline Substantial Development Permit
shall comply with permit application procedures. shall comply with permit application procedures.
B. Exemptions
1. To qualify for an exemption, the proposed use, activity
or development must meet the requirements for an
exemption as described in WAC 173 -27 -040, except for
properties that meet the requirements of the Shoreline
Restoration Section. The purpose of a shoreline
exemption is to provide a process for uses and activities
which do not trigger the need for a substantial
development permit, but require compliance with all
provisions of the City's SMP.
2. The Director may impose conditions to the approval of
exempted developments and or uses as necessary to
assure compliance of the project with the SMA and the
Tukwila SMP, per WAC 173- 27- 040(e). For example,
in the case of development subject to a building permit,
but exempt from the shoreline permit process, the
Building Official or other permit authorizing official,
through consultation with the Director, may attach
shoreline management terms and conditions to Building
Permits and other permit approvals pursuant to RCW
90.58.140.
B. Exemptions
1. To qualify for an exemption, the proposed use,
activity or development must meet the
requirements for an exemption as described in
WAC 173 -27 -040, except for properties that meet
the requirements of the Shoreline Restoration
Section. The purpose of a shoreline exemption is
to provide a process for uses and activities which
do not trigger the need for a substantial
development permit, but require compliance with
all provisions of the City's SMP.
2. The Director may impose conditions to the
approval of exempted developments and or uses
as necessary to assure compliance of the project
with the SMA and the Tukwila SMP, per WAC
173- 27- 040(e). For example, in the case of
development subject to a building permit, but
exempt from the shoreline permit process, the
Building Official or other permit authorizing
official, through consultation with the Director,
may attach shoreline management terms and
conditions to Building Permits and other permit
approvals pursuant to RCW 90.58.140.
Citv Staff Comment: Staff is
recommending that only a portion
of the Ecology recommended
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4�n, change be incorporated into the
SMP. This will provide a
standard for approval of shoreline
development.
TUKWILA SHORELINE MASTER PROGRAM: 1: J 1, 1, Y s
e A Modify Section 10.9.A.1
as follows:
114 10.9 Wetland Watercourse, and Fish and Wildlife
Habitat Conservation Area Buffers
A. Purpose and Intent of Buffer Establishment
1. A buffer area shall be established adjacent to
desi sensitive areas. The purpose of the buffer area
shall be to protect the integrity, functions and values of the
sensitive areas. Any land alteration must be located out of
the buffer areas as required by this section.
10.9 Wetland Watercourse, and Fish and Wildlife
Habitat Conservation Area Buffers
A. Purpose and Intent of Buffer Establishment
A buffer area shall be established adjacent to designated
sensitive areas. The purpose of the buffer area shall be
to protect the integrity, functions and values of the
sensitive areas. Any land alteration must be located out
of the buffer areas as required by this section
Add to Section 14:
Citv Staff Comments: Staff does
not recommend incorporating this
language into the SMP. Section
14 provides adequate guidance on
nonconforming uses and
structures.
Citv Staff Comment: While this
might be a useful tool, it could
require a fair amount of staff time
to track the shoreline permits and
prepare this annual report. Given
current budget constraints, staff
does not recommend
incorporating this requirement.
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A
Modify Section 14.2.B as
147 fellows:
14.2 Substantial Development Permit Reuuirements
Permit Application Procedures
Applicants for a Shoreline Substantial Development Permit
shall comply with permit application procedures.
Exemptions
1. To qualify for an exemption, the proposed use, activity
or development must meet the requirements for an
exemption as described in WAC 173 -27 -040, except
for properties that meet the requirements of the
Shoreline Restoration Section. The purpose of a
shoreline exemption is to provide a process for uses
and activities which do not trigger the need for a
substantial development permit, but require
compliance with all provisions of the City's SMP.
2. The Director may impose conditions to the approval
of exempted developments and or uses as necessary
to assure compliance of the project with the SMA and
the Tukwila SMP, per WAC 173- 27- 040(e). For
example, in the case of development subject to a
building permit, but exempt from the shoreline permit
process, the Building Official or other permit
authorizing official, through consultation with the
Director, may attach shoreline management terms and
conditions to Building Permits and other permit
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approvals pursuant to RCW 90.58.140.
City Staff Comment: staff does
not recommend includin- this
requirement as this is currently
not a requirement of the Shoreline
jj� Mana -ement Act.
lj U. i
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