HomeMy WebLinkAboutOrd 2626 - Shoreline Master Program (Adopted on 3/2/2020)Cl'ty
Tul!cwi'l
Mn� I
Washington
Ordinance No. -2,62_�
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, REPEALING ORDINANCE
NO. 2344; REPEALING THE 2011 SHORELINE MASTER
PROGRAM; APPROVING AND ADOPTING A NEW
SHORELINE MASTER PROGRAM UPDATE FOR THE
CITY OF TUKWILA TO INCORPORATE NEW STATE
REQUIREMENTS; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the Green/Duwamish River, a shoreline of the state regulated under
RCW 90.58, runs through the entire length of the City of Tukwila; and
WHEREAS, RCW 90.58 finds that shorelines of the state are among the most
valuable and fragile of its natural resources and that unrestricted construction on privately
and publicly owned shorelines of the state is not in the best public interest; and
WHEREAS, RCW 90.58 establishes a hierarchy of preference for uses in shorelines
of state-wide significance: recognizing and protecting the state-wide interest over local
interest; preserving the natural character of the shoreline; resulting in long term over short
term benefit; protecting the resources and ecology of the shoreline; increasing public
access to publicly owned areas of the shorelines; increasing recreational opportunities
for the public in the shoreline; and providing for any other element as defined in RCW
90.58.100 deemed appropriate or necessary; and
WHEREAS, RCW 90.58.080 directs local governments to develop and administer
local shoreline master programs for regulation of uses on shorelines of the state; and
WHEREAS, Tukwila's current Shoreline Master Program was adopted in 2009 and
revised per Department of Ecology comments in 2011; and
WHEREAS, the City is conducting a required periodic update of its Shoreline Master
Program per RCW 90.58.080 (4)(a)(i) using the joint review process with the Department
of Ecology; and
W: Legislative Development\SMP-Adopting update -repeal Ord 2344 8-28-19
MD:bjs Review and analysis by Barbara Saxton Page 1 of 3
WHEREAS, the City Council adopted a Public Outreach Plan that incorporated a
variety of methods to notify the general public and property owners along the shoreline of
the proposed Shoreline Master Program update including an open house, mailings to
property owners and tenants, notice in a stormwater bill, postings on the City's website,
creation of a broadcast e-mail group who received updates of the shoreline review
process and articles in the City's newsletter "The Hazelnut;" and
WHEREAS, the Planning Commission reviewed a public review draft Shoreline
Master Program, held a public hearing on March 28, 2019, and recommended adoption
of a revised Shoreline Master Program to the City Council on April 25, 2019, and
WHEREAS, an environmental checklist was prepared for the Planning Commission
recommended draft Shoreline Master Program update and a Determination of Non -
Significance was issued May 15, 2019, and
WHEREAS, the City Council held a public hearing on June 24, 2019 to review the
Planning Commission recommended draft Shoreline Master Program; and
WHEREAS, the City Council reviewed written and verbal testimony and approved
revisions to the Planning Commission recommended draft Shoreline Master Program to
address issues raised by interested parties, individual Councilmembers, staff and the
Department of Ecology; and
WHEREAS, notice has been provided to the Washington State Department of
Commerce pursuant to RCW 36.70A.106;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Shoreline Master Program established. The Shoreline Master
Program with accompanying maps, as set forth in "Attachment A," is hereby adopted and
shall become binding as of the effective date of this ordinance on all properties within the
shoreline jurisdiction.
Section 2. Repealer. Ordinance No. 2344, including the Shoreline Master Program
adopted by reference in Section 1 thereof, is hereby repealed.
Section 3. Corrections by City Clerk or Code Reviser. Upon approval of the
City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this ordinance, including the correction of clerical errors; references to
other local, state or federal laws, codes, rules, or regulations; or ordinance numbering
and section/ subsection numbering.
Section 4. Severability. If any section, subsection, paragraph, sentence,
clause or phrase of this ordinance or its application to any person or situation should
be held to be invalid or unconstitutional for any reason by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of the remaining portions of this ordinance or its application to any
other person or situation.
W: Legislative Development\SMP-Adopting update -repeal Ord 2344 8-28-19
MD:bjs Review and analysis by Barbara Saxton Page 2 of 3
Section 5. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force upon
approval of the Shoreline Master Program by the Washington State Department of
Ecology and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TgKWILA, WASHINGTON, at
a Regular Meeting thereof this day of gar Q^. , 2020.
ATTEST/AUTHENTICATED:
Ch risty6dFlaherty, MMC, City Clerk
Office of the City fttorney
Attachment A - Shoreline Master Program
Allan Ekberg, Mayor
Filed with the City Clerk: 9-�Z -ZK2T
Passed by the City Council: 03 41-20
Published: 63 -155--20
Effective Date: j°e-- S'rc hDn
Ordinance Number: 262b
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MD:bjs Review and analysis by Barbara Saxton Page 3 of 3
City of Tukwila Public Notice of Ordinance Adoption for Ordinance 2625-2627.
On March 2, 2020 the City Council of the City of Tukwila, Washington, adopted the
following ordinances, the main points of which are summarized by title as follows:
Ordinance 2625: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, ADDING, REPEALING AND AMENDING VARIOUS DEFINITIONS AS CODIFIED IN
TUKWILA MUNICIPAL CODE (TMC) CHAPTER 18.06, "DEFINITIONS," AS IDENTIFIED HEREIN;
AMENDING AND RECODIFYING VARIOUS ORDINANCES AS CODIFIED IN MULTIPLE SECTIONS OF
TMC CHAPTER 18.52, "LANDSCAPE REQUIREMENTS;" AMENDING ORDINANCE NO. 2443 §25, AS
CODIFIED AT TMC SECTION 18.28.240.C; AMENDING ORDINANCE NO. 2570 §3, §4, §5, §6, §7, §9,
§12, §17 AND §20, AND ORDINANCE NO. 1758 §1 (PART), AS CODIFIED AT MULTIPLE SECTIONS OF
TMC CHAPTER 18.54, "URBAN FORESTRY AND TREE REGULATIONS;" AMENDING ORDINANCE NO.
2518 §15 AND ORDINANCE NO. 1819 §1 (PART), AS CODIFIED AT TMC SECTION 18.70.050;
REPEALING ORDINANCE NOS. 2175 AND 2077, AS CODIFIED AT TMC SECTION 18.70.050;
REPEALING ORDINANCE NO. 2301, AS CODIFIED IN MULTIPLE SECTIONS OF TMC CHAPTER
18.45, "ENVIRONMENTALLY SENSITIVE AREAS;" REPEALING ORDINANCE NO. 2368 §47, §48, §49
AND §50, AS CODIFIED AT VARIOUS SECTIONS OF TMC CHAPTER 18.45 AS IDENTIFIED HEREIN;
REENACTING TMC CHAPTER 18.45, "ENVIRONMENTALLY SENSITIVE AREAS," TO AMEND AND
ESTABLISH NEW REGULATIONS RELATED TO CRITICAL AREAS; PROVIDING FOR SEVERABILITY;
AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2626: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, REPEALING ORDINANCE NO. 2344; REPEALING THE 2011 SHORELINE MASTER
PROGRAM; APPROVING AND ADOPTING A NEW SHORELINE MASTER PROGRAM UPDATE FOR
THE CITY OF TUKWILA TO INCORPORATE NEW STATE REQUIREMENTS; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
Ordinance 2627: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON; REPEALING VARIOUS DEFINITIONS AS CODIFIED IN TUKWILA MUNICIPAL CODE
(TMC) CHAPTER 18.06, "DEFINITIONS"; REPEALING ORDINANCE NO. 2346 AND 2549 §23;
REENACTING TMC CHAPTER 18.44, "SHORELINE OVERLAY," TO ESTABLISH NEW REGULATIONS
RELATED TO SHORELINE USES; AMENDING VARIOUS ORDINANCES AS CODIFIED IN TMC
SECTIONS 18.52.030, 18.60.050 AND 18.104.010 TO UPDATE ZONING REGULATIONS RELATED TO
SHORELINE USES; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
The full text of this ordinance will be provided upon request.
Christy O'Flaherty, MMC, City Clerk
Published Seattle Times: March 5, 2020