HomeMy WebLinkAboutTIC 2020-08-03 COMPLETE AGENDA PACKETCity of Tukwila
Transportation and
Infrastructure Committee
❖ Cynthia Delostrinos Johnson, Chair
❖ Verna Seal
❖ Kate Kruller
AGENDA
Distribution:
City Attorney (email)
C. Delostrinos
A. Youn
Johnson (email)
Clerk File Copy
V. Seal (email)
2 Extra
K. Kruller
K. Hougardy(email)
Place pkt pdf on SharePoinl
D. Quinn
Z Trans & Infra Agendas
L. Humphrey
H. Ponnekanti
email cover to: F. Ayala,
H. Kirkland
A. Le, C. O'Flaherty, A.
G. Labanara
Youn, B. Saxton, S. Norris,
B. Still (email)
L. Humphrey
MONDAY, AUGUST 03, 2020 - 5:30 PM
Virtual Meeting - Members of the public may listen by dialing 1-253-292-9750 and entering conference ID 592 261 533#
(6300 BUILDING, SUITE )
Item
Recommended Action
Page
1. PRESENTATIONS
2. BUSINESS AGENDA
a) Ordinance - Astound Franchise 1-Year Extension
a) Forward to 08/17/20 Regular
Pg. 1
(Joel Bush and Joseph Todd)
Consent Agenda
b) Ordinance - Interim Flood Plain Management
c) Forward to 08/10/20 Committee of
Pg. 7
(Ryan Larson)
the Whole
c) 42" d Ave S Bridge Closure
b) Discussion only
Pg. 31
(Adam Cox)
3. MISCELLANEOUS
Future Agendas:
Next Scheduled Meeting: Monday, August 17, 2020
SThe City of Tukwila strives to accommodate individuals with disabilities.
Please contact the Public Works Department at 206-433-0179 for assistance.
■
City of Tukwila Al la n Ek berg, M ayor
Public Works 0epar€ment - Hari Ponnekand, Intedrn Director
,t
INFORMATIONAL MEMORANDUM
TO: Transportation and Infrastructure Committee
FROM: Joseph Todd, CIO & Director Tukwila Technology & Innovation Services
BY: Eric Compton, Franchise & Technology Specialist
CC: Mayor Ekberg
DATE: July 31, 2020
SUBJECT: Astound Broadband, LLC Franchise Agreement
Ordinance No. 2445
Amendment and Extension of Franchise
ISSUE
Approve an ordinance amending Ordinance No. 2445 extending the franchise term with
Astound Broadband, LLC, to August 11, 2021, and amending ordinance to allow for additional
extensions in one-year increments at the City's discretion.
BACKGROUND
State law provides cities the authority to establish franchises to telecommunication providers
who wish to occupy city owned rights -of -way. Tukwila Municipal Code 11.32.060 requires all
telecommunication providers to obtain franchise agreements with the City prior to approval to
construct, maintain and operate within the City limits. On August 4, 2014, the City Council
passed Ordinance No. 2445, granting a five-year franchise to Astound Broadband, LLC (d.b.a.
"Wave"). The current franchise agreement term ends on August 11, 2020 and allows for a single
one-year extension.
DISCUSSION
A request to extend the franchise agreement by five years was submitted by Wave on January
6, 2020. Section 3 of Ordinance No. 2445 allows the City to extend the franchise by up to one
year beyond the term of the expiration date. Staff recommends amending the ordinance to allow
for additional extensions in one-year increments and granting another one-year extension to
allow time for a new franchise agreement to be developed and agreed upon by both parties.
FINANCIAL IMPACT
There is no direct financial impact to the one-year extension but developing a new franchise
agreement will require staff time to complete.
RECOMMENDATION
Council is being asked to approve the Ordinance that amends Ordinance 2445 and extends the
Astound Franchise Agreement for one year and to consider this item at the August 3, 2020
Transportation and Infrastructure Committee meeting and subsequent on the Consent Agenda
on the August 17, 2020 Regular Meeting.
ATTACHMENTS
• Draft Ordinance
• Letter of Request for Extension
191VAS 09
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2445, THE
ASTOUND BROADBAND, LLC, FRANCHISE AGREEMENT, TO
AMEND THE FRANCHISE TERM LANGUAGE AND PROVIDE FOR A
ONE-YEAR EXTENSION OF THE FRANCHISE TERM; PROVIDING
FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council passed Ordinance No. 2445 on August 4, 2014, granting
a five-year franchise to Astound Broadband, LLC, for the purposes of constructing and
maintaining a telecommunications system in certain public rights -of -way in the City; and
WHEREAS, Ordinance No. 2607, passed on June 17, 2019, authorized an extension
of the franchise granted to Astound Broadband, LLC, for a one-year period, pursuant to
Section 3 of Ordinance No. 2445; and
WHEREAS, the franchise agreement has a current expiration of August 11, 2020;
and
WHEREAS, Astound Broadband, LLC, and the City desire an additional extension of
the franchise to facilitate continued negotiation of a new franchise agreement;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Ordinance Amended. Ordinance No. 2445, §3, is amended to read as
follows:
Franchise Term. The franchise rights granted herein shall remain in full force and
effect for a period of five years from the effective date of this ordinance. However, this
Franchise Agreement shall not take effect and Astound shall have no rights under this
Franchise Agreement unless a written acceptance with the City is received pursuant to
Section 4 of this agreement. If Astound requests a Franchise renewal prior to the
expiration date, the City may, at the City's sole discretion, extend the term of this
Franchise Agreement fer up to one year in one-year incremeniz. beyond the expiration
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2
date to allow processing of the renewal. If the City elects to extend the term of this
Franchise Agreement, written notice of the extension shall be provided to Astound prior
to the Franchise expiration date.
Section 2. Franchise Term Extended. A one-year extension of the franchise for
Astound Broadband, LLC, is hereby granted to allow for processing of a renewal
franchise, thereby extending the current franchise term through August 11, 2021.
Section 3. Acceptance of Terms and Conditions. The full acceptance of this
amendment and extension to the Franchise Agreement and all the terms and conditions
shall be filed with the City Clerk within 10 days of the effective date of this ordinance in
the form attached hereto as Exhibit A. Failure on the part of Astound to file said consent
within 10 days of the effective date of this ordinance shall void and nullify any and all
rights granted under this Franchise Agreement.
Section 4. 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 5. 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 of constitutionality of the
remaining portion of this ordinance or its application to any other person or situation.
Section 6. 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 five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Allan Ekberg, Mayor
. 2020.
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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Office of the City Attorney
Attachment: Exhibit A — Franchise Agreement Amendment and Extension Acceptance Form
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4
EXHIBIT A
Astound Broadband, LLC, Amendment and Extension
Acceptance Form
Date:
City of Tukwila
City Clerk's Office
6200 Southcenter Boulevard
Tukwila WA 98188
Re: Ordinance No. , adopted on
Dear City Clerk:
In accordance with and as required by Section 3 of City of Tukwila Ordinance
No. passed by the City Council and approved by the Mayor on
(the "Ordinance"), Astound Broadband, LLC, hereby
accepts the terms, conditions and obligations to be complied with or performed by it
under the Ordinance.
Sincerely,
ASTOUND BROADBAND, LLC
Signature
Name:
Title:
Date:
cc: TIS Director, City of Tukwila, 6200 Southcenter Blvd, Tukwila, WA 98188
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From: Joe Kahl <loe.kahl@rcn.net>
Sent: Monday, January 6, 2020 1:52 PM
To: Cyndy Knighton <Cyndy.Knighton @TukwilaWA.gov>
Subject: Re: Astound Broadband City of Tukwila, WA Telecom Franchise Renewal
Hi Cyndy,
Happy New Year.
As you know, the Telecom Franchise Agreement between the City of Tukwila and
Astound Broadband, LLC was extended effective June 25th, 2019 to August 11th,
2020. We would like to extend the agreement an additional 5 years to August 11th,
2025.
Is there anything needed from Astound Broadband at this point to begin the process for
approval?
Please let me know.
Thanks, Joe
Joseph Kahl
Vice President, Regulatory and Public Affairs
650 College Road East, Suite 3100
Princeton, NJ, 08540
(609) 681-2184 (Direct Dial)
(609) 306-0901 (Cell)
joseph.kahlkrcn.net (E-mail)
W_ * f�u� wave
1.1
City of Tukwila Allan Ekberg, Mayor
Public Works Department- Bari Ponnekanti, interim Director
TO: Transportation and Infrastructure Committee
FROM: Hari Ponnekanti, Interim Public Works Director
BY: Ryan Larson, Program Manager
CC: Mayor Ekberg
DATE: July 31, 2020
SUBJECT: Interim Flood Plain Management Ordinance Update
ISSUE
Adopt an interim Flood Plain Management Ordinance to comply with FEMA requirements.
BACKGROUND
The City's Flood Plain Management Ordinance was passed in 1980 and updated in 1988 and 2002.On May 15, 2020, the
Federal Emergency Management Agency (FEMA) notified Washington jurisdictions participating in the National Flood
Insurance Program (NFIP) that our Flood Ordinance would require updates to comply with new federal and state regulations
and to adopt revised Flood Insurance Rate Maps (FIRMs) by August 19, 2020. Failure to meet this deadline will result in
Tukwila being temporarily suspended from the Flood Insurance program and residents will be unable to obtain flood
insurance, receive a federally backed mortgage, and disaster assistance for properties within an identified flood hazard until
the new regulations are adopted.
Public Works used the State's model flood ordinance as a template to update the Flood Ordinance. The Transportation and
Infrastructure Committee reviewed the changes at the July 20, 2020 meeting. This draft was sent to the Department of
Ecology (DOE) and Department of Commerce for review and approval. The ordinance is undergoing Department of
Commerce and SEPA review and a final determination will not be completed until after the required ordinance adoption date.
DISCUSSION
To meet the required August 19, 2020 adoption date, an interim Flood Plain Management Ordinance was drafted based on
the draft ordinance currently under review. This interim ordinance will allow the required changes to go into effect by the
FEMA deadline and will allow the permanent ordinance to complete the required review process. The interim ordinance
adopts revised FIRMs that better reflect the actual Special Flood Hazard Areas (SFHA) within the City. The FIRM updates
were done for all jurisdictions along the Green River. In addition, the interim ordinance also clarifies language concerning
development within SFHA.
Substantive updates include:
• Revised definitions that more closely follow the definitions used by DOE
• Revised code language changes to match language used by DOE
• A provision to exclude storage or processing of hazardous materials
• A provision to include filling and grading as activities requiring a flood permit
• A provision limiting uses of areas constructed below the lowest floor to parking and storage
FISCAL IMPACT
Additional development and land clearing activities within the SFHA will now be regulated. This will require additional staff time
to review and approve Flood Permits.
RECOMMENDATION
Council is being asked to approve the interim Flood Plain Management Ordinance and consider this item at the August 10,
2020 Committee of the Whole meeting and subsequent August 17, 2020 Regular Meeting.
Attachments: Interim Flood Plain Management Ordinance
https://tukwilawa.sharepoint.com/sites/publicworks/engineering/PW Drop Box/01 TIC Agenda/Agenda Items/TIC 08-03-2020/2. Interim Flood Plain
Management Ordinace/Info Memo_Floodplain Management Ordinance V2.docx 7
97:7_\21
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, REPEALING ORDINANCE NO.
2038, AS CODIFIED AS CHAPTER 16.52, "FLOOD PLAIN
MANAGEMENT;" REENACTING TMC CHAPTER 16.52 TO
PROVIDE FOR INTERIM FLOOD PLAIN MANAGEMENT
REGULATIONS AND POLICIES AS REQUIRED OF
JURISDICTIONS PARTICIPATING IN THE NATIONAL
FLOOD INSURANCE PROGRAM; ESTABLISHING SIX
MONTHS AS THE EFFECTIVE PERIOD FOR THE INTERIM
ORDINANCE; ADOPTING FINDINGS; PROVIDING FOR
SEVERABILITY; DECLARING AN EMERGENCY AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, flood hazard areas in Tukwila are subject to periodic inundation which
may result in loss of life or property, may create health or safety hazards, may disrupt
commerce or governmental services, may cause extraordinary public expenditures for
flood protection and relief, or might impair the tax base, all of which adversely affect the
public health, safety, and general welfare; and
WHEREAS, these flood losses may be caused by the cumulative effect of
obstructions in areas of special flood hazards that increase flood heights and velocities,
and damage uses in other areas when inadequately anchored; and
WHEREAS, uses that are inadequately flood -proofed, elevated or otherwise
protected from flood damage can contribute to losses due to flooding; and
WHEREAS, the Legislature of the State of Washington delegated the responsibility
to local governmental units of adopting regulations designed to promote the public
health, safety, and general welfare of its citizenry; and
WHEREAS, in Title 86 of the Revised Code of Washington, the Legislature of the
State of Washington authorized local governmental agencies to regulate use and
development of flood hazard areas within their jurisdictions in order to reduce such
hazards; and
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WHEREAS, on July 27, 2020, the Tukwila City Council, following adequate public
notice, held a public hearing to receive testimony on the proposed flood ordinance; and
WHEREAS, to remain eligible for the National Flood Insurance Program (NFIP), the
City of Tukwila is required to adopt updated regulations that meet or exceed the
requirements of Section 60.3, Chapter 1, Title 44 of the Code of Federal Regulations
(CFR) by August 19, 2020; and
WHEREAS, if Tukwila is suspended from the NFIP, residents will be unable to
purchase flood insurance, renew existing flood insurance policies, or obtain Federal
mortgage insurance or loan guarantees for properties within an identified flood hazard
area, and federal grants, loans, and disaster assistance will not be available to
properties within an identified flood hazard area; and
WHEREAS, on May 26, 2020, the Federal Emergency Management Agency
(FEMA) confirmed in writing that the adoption of interim controls is an acceptable
approach to maintain eligibility in the NFIP until such time permanent regulations are
adopted, provided that such permanent regulations are adopted within six months of the
effective date of this ordinance; and
WHEREAS, a delay in the adoption of the final regulations will provide sufficient
time to obtain a Washington State Environmental Policy Act (SEPA) determination and
approval from the Department of Commerce on the final regulations; and
WHEREAS, the City Council may adopt interim regulations for a period of up to six
months so long as the City Council holds a public hearing on the interim regulations as
required by RCW 35A.63.220 within 60 days of adoption of the interim regulations; and
WHEREAS, pursuant to Washington Administrative Code (WAC) 197-11-880, the
adoption of this interim ordinance is exempt from the requirements of a threshold
determination under the Washington State Environmental Policy Act (SEPA); and
WHEREAS, the City Council finds that an emergency exists and this interim
ordinance is necessary for the immediate protection of public health, public safety,
public property, and public peace;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Recitals Incorporated. The Recitals set forth above are hereby
adopted and incorporated as Findings of Fact and/or Conclusions of Law of the City
Council pursuant to the requirements of RCW 35A.63.220.
Section 2. Repealer. Ordinance No. 2038, as codified as Tukwila Municipal Code
(TMC) Chapter 16.52, "Flood Plain Management," is hereby repealed in its entirety and
is replaced with interim controls as provided for in Sections 4 through 19 of this
ordinance.
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Section 3. Duration of Interim Controls. This interim ordinance shall be in effect
for six months, commencing on August 19, 2020 and ending on February 19, 2020,
unless extended or unless a final ordinance is adopted amending the Tukwila Municipal
Code and rescinding the interim controls before February 19, 2021.
Section 4. TMC Chapter 16.52 Reenacted. TMC Chapter 16.52 is hereby re-
enacted to read as follows:
CHAPTER 16.52
FLOOD PLAIN MANAGEMENT
Sections:
16.52.010 Auth6r4ty-Statutory Authorization
16.52.020 Purpose
16.52.030 Definitions
16.52.040 Applicability
16.52.050 Basis for Establishing the Areas of Special Flood Hazard Areas
16.52.060 Interpretation
16.52.070 Warning and Disclaimer of Liability
16.52.080 Administration
16.52.090 Permits
16.52.100 Standards
16.52.110 Floodways
16.52.120 Critical Facility
16.52.125 Compliance
16.52.130 Penalties
16.52.140 Abrogation and Greater Restrictions
Section 5. TMC Section 16.52.010 is hereby reenacted to read as follows:
16.52.010 Authority y Statutory Authorization
The Legislature of the State of Washington delegated the responsibility to the City
of Tukwila to adopt regulations designed to promote the public health, safety, and
general welfare of its citizenry.
Section 6. TMC Section 16.52.020 is hereby reenacted to read as follows:
16.52.020 Purpose
This chapter aims to promote the public health, safety, and general welfare, and to
minimize public and private losses due to flood conditions in specific areas, by
provisions designed to:
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1. Protect human life and health;
2. Minimize expenditure of public money and costly flood control projects;
3. Minimize the need for rescue and relief efforts associated with flooding and
generally undertaken at the expense of the general public;
4. Minimize prolonged business interruptions;
5. Minimize damage to public facilities and utilities such as water and gas
mains, electric, telephone and sewer lines, streets, and bridges located in areas of
special flood hazard;
6. Help maintain a stable tax base by providing for the sound use and
development of areas of special flood hazard so as to minimize future flood blight areas;
7. Ensure that potential buyers are notified that property is in an area of
special flood hazard; and
8. Ensure that those who occupy the areas of special flood hazard assume
responsibility for their actions; and.
9. Participate in and maintain eligibility for flood insurance and disaster relief.
Section 7. TMC Section 16.52.030 is hereby reenacted to read as follows:
16.52.030 Definitions
Unless specifically defined below, words or phrases used in this chapter shall be
interpreted to give them the meaning they have in common usage and to give this
chapter its most reasonable application.
._
C�,\\�lJ'\'I�t1t1�1�1!��:�!►�ll�ll:t7 \7'L �L li�ias�11�1i���li
1"
INNY
1. Alteration of watercourse: Any action that will change the location of the
channel occupied by water within the banks of any portion of a riverine waterbody.
- -. Appeal mn,eaR A request for a review of the interpretation of any
provision of this chapter or a request for a variance.
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3. Area of shallow flooding: A designated zone AO, AH, AR/AO or AR/AH
(or VO) on a community's Flood Insurance Rate Map (FIRM) with a one percent or
greater annual chance of flooding to an average depth of one to three feet where a
clearly defined channel does not exist, where the path of flooding is unpredictable, and
where velocity flow may be evident. Such flooding is characterized by ponding or sheet
flow. Also referred to as the sheet flow area.
4. Area of special flood hazard: The land in the floodDlain within a
community subject to a 1 percent or greater chance of flooding in any given year. It is
shown on the Flood Insurance Rate Map (FIRM) as zone A, AO, AH, Al-30, AE, A99,
AR N. VO. V1-30. VE). "Special flood hazard area" is svnonvmous in meanina with the
phrase "area of special flood hazard".
5. ASCE 24: The most recently published version of ASCE 24, "Flood
Resistant Design and Construction", published by the American Society of Civil
Engineers.
56. Base flood:,,,eaRs
The flood having
a
1 %
chance of being equaled
or
exceeded in any given
designation on mans always
year; �44s—also referred
innlu des the letter A
to
as
the "100-year flood").
4s
7. Base Flood Elevation (BFE): The elevation to which floodwater is
anticipated to rise during the base flood.
68. Basement: *_ TAny area of the building having its floor sub -grade
(below ground level) on all sides.
9. Building: See "Structure."
10. Buildina Code: The current editions of the buildina codes and
amendments adopted by Washington State and amended by the City of Tukwila.
11. Breakaway wall: A wall that is not part of the structural support of the
building and is intended through its design and construction to collapse under specific
lateral loading forces, without causing damage to the elevated portion of the building or
supporting foundation system.
712. Critical facility_ ffieanTA facility for which even a slight chance of
flooding might be too great. Critical facilities include, but are not limited to, schools;
nursing homes; hospitals; police, fire and emergency response installations; and
installations `"'hamthat produce, use, or store hazardous materials or hazardous waste.
613. Development: „jeans Any man-made change to improved or
unimproved real estate, including, but not limited to, buildings or other structures,
mining, dredging, filling, grading, paving, excavation or drilling operations aPA-or storage
of equipment or materials located within the area of special flood hazard.
914. Director: meaRTThe Director of Public Works or h�&-designee.
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15. Elevation Certificate: An administrative tool of the National Flood
Insurance Program (NFIP) that can be used to provide elevation information, to
determine the proper insurance premium rate and to support a request for a Letter of
Map Amendment (LOMA) or Letter of Map Revision based on fill (LOMR-F).
44-16. Elevated building: 4;4e aRsFor insurance purposes, a non -basement
building ` NGh—that has its lowest elevated floor raised above ground level by foundation
walls, shear walls, posts, piers, pilings, or columns.
17. Essential facility: This term has the same meaning as "Essential Facility"
defined in ASCE 24. Table 1-1 in ASCE 24-14 further identifies buildina occuaancies
that are essential facilities.
;DIM ]MUM,AC72M R=rsaz
.._
_r
18. Flood or Flooding: means
(a) A general and temporary condition of partial or complete inundation of
normally dry land areas from:
a-M The overflow of inland or tidal waters;_ and/er
b-.0 The unusual and rapid accumulation or runoff of surface
waters from any source...; and/or
(3) Mudslides (i.e., mudflows), which are proximately caused by
flooding as defined in subparagraph (a)(2) of this definition and are akin to a river of
liquid and flowing mud on the surfaces of normally dry land areas, as when earth is
carried by a current of water and deposited alona the path of the current.
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(b) The collapse or subsidence of land along the shore of a lake or other
body of water as a result of erosion or undermining caused by waves or currents of
water exceeding anticipated cyclical levels or suddenly caused by an unusually high
water level in a natural body of water, accompanied by a severe storm, or by an
unanticipated force of nature, such as flash flood or an abnormal tidal surge, or by some
similarlv unusual and unforeseeable event that results in floodina as defined in
subparagraph (a)(1) of this definition.
19. Flood elevation study: An examination, evaluation, and determination of
flood hazards and, if appropriate, corresponding water surface elevations, or an
examination. evaluation and determination of mudslide (i.e.. mudflow) and/or flood -
related erosion hazards. Also known as a Flood Insurance Study (FIS).
20. Flood Insurance Rate Map (FIRM): means The official map of a
community on which the Federal Insurance Administrator has delineated both the ass
o' special flood hazard areas and the risk premium zones applicable to the community.
A FIRM that has been made available digitally is called a Digital Flood Insurance Rate
Map (DFIRM).
21. Floodalain or flood -prone area: Any land area susceptible to being
inundated by water from any source. See "Flood or Flo-oding.,,
22. Floodalain Administrator: The community official desianated by title to
administer and enforce the floodplain management regulations.
23. Floodalain manaaement reaulations: Zonina ordinances. subdivision
regulations, building codes, health regulations, special purpose ordinances (such as
floodplain ordinance, grading ordinance and erosion control ordinance) and other
application of police power. The term describes such state or local regulations, in any
combination thereof. that Drovide standards for the Duraose of flood damaae Drevention
and reduction.
24. Flood oroofina: Anv combination of structural and nonstructural
additions, changes, or adjustments to structures that reduce or eliminate risk of flood
damage to real estate or improved real property, water and sanitary facilities, structures,
and their contents. Flood -proofed structures are those that have the structural integrity
and design to be impervious to floodwater below the Base Flood Elevation.
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2325. Floodway_ means The channel of a river or other watercourse and
the adjacent land areas that must be reserved in order to discharge the base flood
without cumulatively increasing the water surface elevation more than one feet a
designated height. Also referred to as "Regulatory Floodway."
26. Functionally dependent use: A use that cannot perform its intended
e unless it is located or carried out in close proximity to water. The term includes
only docking facilities, port facilities that are necessary for the loading and unloading of
cargo or passengers, and ship building and ship repair facilities, and does not include
Iona -term storaae or related manufacturina facilities.
27. Highest adjacent grade: The highest natural elevation of the ground
surface prior to construction next to the proposed walls of a structure.
28. Historic structure: Any structure that is:
a. Listed individually in the National Register of Historic Places (a listing
maintained by the Department of the Interior) or preliminarily determined by the
Secretary of the Interior as meeting the requirements for individual listing on the
National Register;
b. Certified or preliminarily determined by the Secretary of the Interior as
contributing to the historical significance of a registered historic district or a district
Preliminarily determined by the Secretary to qualify as a registered historic district;
c. Individually listed on a state inventory of historic places in states with
historic preservation programs that have been approved by the Secretary of the
Interior; or
d. Individually listed on a local inventory of historic places in communities
with historic preservation programs that have been certified either:
(1) By an approved state program as determined by the Secretary of
the Interior, or
(2) Directly by the Secretary of the Interior in states without approved
programs.
2-429. Lowest floor_:meaRTThe lowest floor of the lowest enclosed area
(including basement). if- An unfinished or flood -resistant enclosure, 06 used usable
solely for "ohmparking of vehicles, building access; or storage,, Of�rcrniTeRGIOS Fe is in
an area other than a basement area, `�nu„d Of th;u en^'�uFe is not considered a building's
lowest floor, provided that such enclosure on an apron ^+her than a basement is not built
so that as to render the structure meets in violation of the applicable non -elevation
design requirements of this chapter (i.e. provided there are adequate flood ventilation
openings) fer nenresidential GenStFUGtien, the enGIGSUre is nOt Gensidered the struGture'
lewest fleG�r.
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?530. Manufactured home A structure, transportable in one or more
sections, that is built on a permanent chassis and is designed for use with or without a
permanent foundation when attached to the required utilities. The term "manufactured
home" does not include a "recreational vehicle."
Manufactured home park or subdivision A parcel (or
contiguous parcels) of land divided into two or more manufactured home lots for rent or
sale.
32. Mean sea level: For purposes of the National Flood Insurance Program,
the vertical datum to which Base Flood Elevations shown on a community's Flood
Insurance Rate Map are referenced.
2733. New construction_: For the purposes of determining insurance rates,
structures for which the "start of construction" commenced on or after 4491, the
effective date of F kwila's erigiRal flee dnlain management reg ilatieRs an initial Flood
Insurance Rate Map or after December 31, 1974, whichever is later, and includes any
subsequent improvements to such structures. For floodplain management purposes,
"new construction" means structures for which the "start of construction" commenced on
or after the effective date of a floodplain management regulation adopted by a
community and includes any subsequent improvements to such structures.
MU TY, - Me
2-934. "NFIP" means National Flood Insurance Program.
35. One -hundred -year flood or 100-year flood: See "Base flood."
36. Reasonably safe from flooding: Development that is designed and built
to be safe from flooding based on consideration of current flood elevation studies,
historical data, high water marks and other reliable data known to the community. In
unnumbered "A" zones where flood elevation information is not available and cannot be
obtained by practicable means, "reasonably safe from flooding" means the lowest floor
is at least two feet above the Highest Adjacent Grade,
3037. Recreational vehicle: A vehicle:
a. Built on a single chassis;
b. 400 square feet or less when measured at the largest horizontal
projection
c. Designed to be self-propelled or permanently towable by a light -duty
truck; and
d. Designed primarily for use as a permanent dwelling but as
temporary living quarters for recreational, camping, travel, or seasonal use.
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1STON "I
-32-38. "Special Flood Hazard Area S( FHA)"_meaRTThe land in the flood
plain subject to a 1 % or greater chance of flooding in any given year. It is also referred
to as the 100-year flood elevation or the base flood elevation. These areas are
designated on Flood Insurance Rate Maps (FIRMs) using the letters A or V. Special
flood hazard areas include flood -prone areas designa ted by the City.
-3439. Start of construction_: Fnea ;S Includes substantial improvement and
means the date the building permit was issued, provided the actual start of construction,
repair, reconstruction, rehabilitation, addition, placement, or other improvement
wed was within 180 days from the date of the permit date. The actual start means
either the first placement of permanent construction of a structure on a site, such as the
pouring of slab or footings, the installation of piles, the construction of columns, or any
work beyond the stage of excavation; or the placement of a manufactured home on a
foundation. Permanent construction does not include land preparation, such as
clearing, grading, and filling; nor does it include the installation of streets and/or
walkways; nor does it include excavation for a basement, footings, piers, or foundations
or the erection of temporary forms; nor does it include the installation on the property of
accessory buildings, such as garages or sheds not occupied as dwelling units or not
part of the main structure. For a substantial improvement, the actual start of
construction means the first alteration of any wall, ceiling, floor, or other structural part
of a building, whether or not that alteration affects the external dimensions of the
building.
-540. Structure: means For floodplain management purposes, a walled and
roofed building, including a gas or liquid storage tank., that is principally above ground.,
as well as a manufactured home.
3641. Substantial Damage:,,,eaRs Damage of any origin sustained by a
structure whereby the cost of restoring the structure to its before -damaged condition
would equal or exceed 50 percent of the market value of the structure before the
damage occurred.
3742. Substantial improvement: mean-s Any repair, reconstruction,
rehabilitation, addition, or other improvement of a structure, the cost of which equals or
exceeds 50 percent of the assessed -market value of the structure before the "start of
construction" of the improvement. This term includes structures that have incurred
"substantial damaae." reaardless of the actual repair work performed. The term does
not. however. include either:
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- 7a. Before the improvement or repair isstarted, erAny project for
improvement of a structure to GO tcorrect previously identified existing
violations of state or local health, sanitary, or safety code specifications that have been
identified by the local code enforcement official and that are the minimum why?
necessary to assure safe living conditions; or
{2-}b. Befere damage e GGGYFF d, Of t#cGtFUetUFe is belRg Fe&tered-Any
alteration of a "historic structure," StFUEture listed en the National Regis+of Histo
iG
PIaEeser a State ieveRteFY of hiGteri-pteEesrprovided that the alteration will not
preclude the structure's continued designation as a "historic structure."
•- -
43. Variance: A grant of relief by a community from the terms of a floodplain
management regulation.
44. Violation: The failure of a structure or other development to be ful
compliant with the community's floodplain management regulations. A structure or
other development without the elevation certificate, other certifications, or other
evidence of compliance required in this chapter is presumed to be in violation until such
time as that documentation is a arant of relief by a communitv from the terms of a
floodplain management regulation.
45. Water surface elevation: The height, in relation to the vertical datum
utilized in the applicable flood insurance study of floods of various magnitudes and
frequencies in the floodplains of coastal or riverine areas.
46. Water Dependent: A structure for commerce or industry that cannot exist
in any other location and is dependent on the water by reason of the intrinsic nature of
its operations.
Section 8. TMC Section 16.52.040 is hereby reenacted to read as follows:
16.52.040 Applicability
This chapter applies to all special flood hazard areas within the City of Tukwila
jurisdiction.
Section 9. TMC Section 16.52.050 is hereby reenacted to read as follows:
16.52.050 Basis for Establishing the Areas of Special Flood Hazard Areas
A. The basis flood hazard areas identified by the Federal Insurance
Administratoriee is -in a scientific and engineering report entitled "The Flood Insurance
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Study (FIS) for King County, Washington and Incorporated Areas" dated no^omhor a
2404—August 19, 2020, and any revisions thereto, with An accompanying Flood
Insurance Rate Maps (FIRMs) dated August 19, 2020, and any revisions thereto, are
hereby adopted by reference and declared to be a part of this chapter. The Fleed
InsuranGe and the FIRM are on file at 6300 Southcenter Boulevard, Suite
100.
The best available information for flood hazard area identification as outlined in
TMC Section 16.52.080. 2 shall be the basis for regulation until a new FIRM is
issued which incorporates this data.
Section 10. TMC Section 16.52.060 is hereby reenacted to read as follows:
16.52.060 Interpretation
In the interpretation and application of TMC Chapter 16.42, all provisions shall be:
1. Considered as minimum requirements;
2. Liberally construed in favor of the governing body; and
3. Deemed neither to limit nor repeal any other powers granted under State
statutes.
Section 11. TMC Section 16.52.070 is hereby reenacted to read as follows:
16.52.070 Warning and Disclaimer of Liability
The degree of flood protection required by TMC Chapter 16.52 is considered
reasonable for regulatory purposes and is based on scientific and engineering
considerations. Larger floods can and will occur on rare occasions. Flood heights may
be increased by man-made or natural causes. This chapter does not imply that land
outside the areas of special flood hazards or uses permitted within such areas will be
free from flooding or flood damages. This chapter shall not create liability on the part of
the City of Tukwila, any officer or employee thereof, or the Federal Insurance
Administration for any flood damages that result from reliance on this chapter or any
administrative decision lawfully made hereunder.
Section 12. TMC Section 16.52.080 is hereby reenacted to read as follows:
16.52.080 Administration
A. The Public Works Director is hereby appointed to administer-and, implement,
and enforce this ordinance by granting or denying development permits appli tien& in
accordance with its provisions. The Floodplain Administrator may delegate authority to
implement these arovisions
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B. The Director may:
1. Restrict or prohibit Se:WhiGh Fnight GFeate a Egerdevelopment that is
dangerous to health, safety, and property due to water or erosion hazards, or which
might R ,�ease-result in damaging increases in erosion, or in flood heights or flood
velocities;
2. Require that uses development vulnerable to floods, ORGludiRg fa^i14086
cor.,inn cij^h uses, be Genc+ri Gted to protect be protected against flood damage at the
time of initial construction;
3. Control the alteration of saw^teeter features SUGh as natural
floodplains, stream channels, and natural protective barriersL +ha+ retain which help
accommodate or channel flood waters;
4. Control filling, grading, dredging and other development which may
increase flood damage; and
5. Prevent or regulate the construction of flood barriers that would unnaturally
divert floodwaters or that might increase flood hazards in other areas.
BC. The Director's duties shall include, but shall not be limited to:
1. Permit Review.
a. Review all development permits to determine that the permit
requirements of this chapter have be en satisfied.
b. Review all development permits to determine that all necessary
permits have been obtained from those Federal, State, or local governmental agencies
from which prior approval is required.
c. The site is reasonably safe from flooding.
Ed. Review all development permits to determine if the proposed
development is located in the floodway, and ensure that the encroachment provisions of
TMC Section 16.52.110, "Floodwaysi' are met.
Area.
e. Notify FEMA when annexations occur in the Special Flood Hazard
2. Special Flood Hazard Area.
a. When base flood elevation data has not been provided in A zones, the
Director shall obtain, review, and reasonably utilize any base flood elevation and
floodway data available from a Federal, State or other source, in order to administer
TMC Chapter 16.52.
b. Where flood elevation data is not available either through the Flood
'Nance may FIS, FIRM, or from another authoritative source (TMC Section
16.52.080), theDireEtershall review applications for building n&m* floodplain
development shall be reviewed to assure that proposed construction will be reasonably
safe from flooding. The test of reasonableness is a local judgment and includes use of
historical data, high water marks, photographs of past flooding, etc., where available.
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Failure to elevate at least two feet above the highest adjacent grade in these zones may
result in higher insurance rates.
c. Where needed, the Director shall interpret exact location of the
boundaries of the areas of special flood hazards — for example, where there appears to
be a conflict between a mapped boundary and actual field conditions. The Director
shall provide the person contesting the boundary location a reasonable opportunity to
appeal the interpretation. Such appeals shall be granted consistent with the standards
of Section 60.6 of the Rules and Regulations of the National Flood Insurance Program
(44 CFR 59-76).
). Changes to Special Flood Hazard Area.
a. If a project will alter the Base Flood Elevation (BFE) or boundaries of
the Special Flood Hazard Area (SFHA), then the project proponent shall provide the
community with engineering documentation and analysis regarding the proposed
change. If the change to the BFE or boundaries of the SFHA would normally require a
Letter of Map Change, then the project proponent shall initiate, and receive approval of,
a Conditional Letter of Map Revision (CLOMR) prior to approval of the development
permit. The project shall be constructed in a manner consistent with the approved
CLOMR.
b. If a CLOMR application is made, the project proponent shall also
supply the full CLOMR documentation package to the Floodplain Administrator to be
attached to the floodplain development permit, including all required property owner
notifications.
34. Watercourse Alteration.
a. Notify adjacent communities and the Department of Ecology (DOE)
prior to any alteration or relocation of a watercourse, and submit evidence of such
notification to the Federal Insurance Administration through appropriate notification
means. (44 CFR 60.3(b)(6))
b. Require that maintenance be provided within the altered or relocated
portion of said watercourse so that the flood carrying capacity is not diminished.
In formationManagementto be Obtained and Maintained.
a. Where base flood elevation data is provided through the Flood
Inca iranGe Study FIS, FIRM, or required as in TMC Section 16.52.080.9C.2, obtain and
maintain a record of the actual as -built elevation (in relation to mean sea level) of the
lowest floor (including basement) of all new or substantially improved structures, and
ascerta;R whether or not the structure contains a basement.
b. For all new or substantially improved flood -proofed nonresidential
structures where base flood elevation data is provided through the Fleed Inc„ranno
FIRM, or as required in TMC Sectior 16.52.080J�C.2:
(1) Obtain and maintain a record of the elevation (in relation to mean
sea level) to which the structure was flood-proofed—,and,
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16.52.090, D.3.
issuance.
(2) Maintain the flood -proofing certifications required in TMC Section
c. Certification required by TMC Section 16.52.110.A.1.
d. Records of all variance actions. includina iustification for their
e. Improvement and damage calculations.
ef. Maintain for public inspection all records pertaining to the provisions of
this ordinance.
Section 13. TMC Section 16.52.090 is hereby reenacted to read as follows:
16.52.090 Permits
A. A Flood Zone Control Permit (FZCP) shall be obtained before construction or
development begins within any area of special flood hazard established in TMC Section
16.52.050. The permit shall be for all structures including manufactured homes, as set
forth in the "Definitions," and for all development including clearing, filling, grading, and
other activities. also as set forth in the "Definitions."
B. Application for an FZCP shall be submitted with the project application for a
clearing and grading permit, shoreline permit, plat or subdivision permit, or a building
permit, whichever comes first.
C. An FZCP is a Type 1 permit processed pursuant to TMC Section 18.108.010.
D. Application for an FZCP shall be made on forms furnished by the City and shall
meet the City's standards for plan submittals. The applicant must provide the following
information:
1. Elevation in relation to mean sea level, of the lowest floor(including
basement) of all structures recorded on a current elevation certificate with Section B
completed by the Floodplain Administrator;
2. Elevation in relation to mean sea level to which any structure has been
flood -proofed;
3. Where a structure is to be flood -proofed, certification by a registered
professional engineer or architect that the flood -proofing methods for any nonresidential
structure meet tN—,flood-proofing criteria in TMC Section 16.52.100 13.2;
4. Description of the extent to which a watercourse will be altered or relocated
as a result of proposed development..-1
5. Where development is proposed in a floodway, an engineering analysis
determination of no rise of the Base Flood Elevation, and
6. Any other such information that may be reasonably required by the
Floodplain Administrator in order to review the application.
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Section 14. TMC Section 16.52.100 is hereby reenacted to read as follows:
16.52.100 Standards
A. General Standards. In all areas of special flood hazards, the following
standards are required:
1. Elevation. Where flood elevation data is not available, either through the
FIRM or from another authoritative source, all new construction and substantial
improvements shall be elevated at least two feet above the highest adjacent grade.
2. Anchoring.
a. All new construction and substantial improvements, including those
related to manufactured homeE shall be anchored to prevent flotation, collapse, or
lateral movement of the structure , esulting from hydrodynamic and hydrostatic loads,
including the effects of auoyancy
b. All manufactured homesmust %e-shag be anchored to prevent
flotation, collapse, or lateral movement, and shall be installed using methods and
practices that minimize flood damage. Anchoring methods may include, but are not
limited to, use of over -the -top or frame ties to ground anchors�reierenGe FEIVIA's
"MaRufaGtured Home InstallatiOR on Flood Hazard Areas" guidebeek for additienal
tonhRiq e-&)
3. Construction Materials and Methods.
a. All new construction and substantial improvements shall be
constructed with materials and utility equipment resistant to flood damage.
b. All new construction and substantial improvements shall be
constructed using methods and practices that minimize flood damage.
c. All new construction and substantial improvements on slopes shall
have drainage paths to guide floodwaters around and away from proposed structures.
d. Electrical, heating, ventilation, plumbing and air-conditioning
equipment and other service facilities shall be designed and/or otherwise elevated or
located so as to prevent water from entering or accumulating within the components
during conditions of flooding.
Storage of Materials and Equipment.
a. The storage or processing of materials that could be injurious to
human, animal, or plant life if released due to damage from flooding are prohibited in
special flood hazard areas.
b. Storage of other material or equipment may be allowed if not subject to
damage by floods and if firmly anchored to prevent flotation, or if readily removable from
the area within the time available after flood warnina.
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45. Utilities.
a. All new and replacement water supply systems shall be designed to
minimize or eliminate infiltration of flood waters into the systems;
b. A proposed water well shall be approved by Department of Ecology
(`^G173 1�r) and be located on high ground that is not in the floodway;
c. New and replacement sanitary sewage systems shall be designed to
minimize or eliminate infiltration of flood waters into the systems and discharges from
the systems into flood waters; and
d. Onsite waste disposal systems shall be located to avoid impairment to
them or contamination from them during flooding.
-56. Subdivisions Proposals and Development. All subdivisions, as well as new
development shall:
a. A" sub diVisieR prepesals shall -bBe consistent with the need to
minimize flood damage;
b Alll sub di„isi^n piepesnr^r,^sal shall public utilities and facilities -
such as sewer, gas, electrical and water systems - located and constructed to minimize
or eliminate flood damage;
c n" sub. oyos i.,r, ils shall "Have adequate drainage provided, to
reduce exposure to flood damage; and,
d. \VVh^r^ base fleed elevatiGR data haS n�vc r'cR provided -GF OS RE)t
available from aRether +tati�i�UFi+^ it shall be geRerated f^r Where subdivision
proposals and other proposed developments t4at-contain at lea&t-greater than 50 lots or
5 acres (whichever is less -the lesser), base flood elevation data shall be included as
part of the application.
B. Specific Standards. In all areas of special flood hazards where Base Flood
Elevation data has been provided as set forth in TMC Section 16.52.050 or TMC
Section 16.52.080.C.2, the following provisions are required:
1. Residential Construction.
a. New construction and substantial improvement of any residential
structure shall have the lowest floor, including basement, elevated one foot or more
above the Base Flood Elevation. Mechanical equipment and utilities shall be
waterproofed or elevated one or more feet above the Base Flood Elevation.
b. Fully enclosed areas below the lowest floor that are subject to flooding
are prohibited, or shall be designed to automatically equalize hydrostatic flood forces on
exterior walls by allowing for the entry and exit of floodwaters. Designs for meeting this
requirement must either be certified by a registered professional engineer or architect,
and must meet or exceed the following minimum criteria:
(1) A minimum of two openings having a total net area of not less than
one square inch for every square foot of enclosed area subject to flooding shall be
provided.
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(2) The bottom of all openings shall be no higher than one foot above
grade.
(3) Openings may be equipped with screens, louvers, or other
coverings or devices provided that they permit the automatic entry and exit of
floodwaters.
2. Nonresidential Construction:
a. New construction and substantial improvement of any commercial,
industrial or other nonresidential structure shall either have the lowest floor, including
basement, elevated one foot or more above the base flood elevation, or elevated as
required by ASCE 24, whichever is greater, or together with attendant utility and
sanitary facilities, shall:
(1) Be dr flood -proofed so that below one foot or more above the
base flood level the structure is watertight with walls substantially impermeable to the
passage of water or dry flood -proofed to the elevation required by ASCE 24, whichever
is greater;
(2) Have structural components capable of resisting hydrostatic and
hydrodynamic loads and effects of buoyancy; and
(3) Be certified by a registered professional engineer or architect that
the design and methods of construction are in accordance with accepted standards of
practice for meeting provisions of this subsection based onthat eRgineeF's OF arnh'teGt'c-
their development and/or review of the structural design, specifications and plans. Such
certifications shall be provided to the official as set forth in TMC Section 16.52.080.C.5.
b. Nonresidential structures that are elevated, not flood -proofed, must
meet the same standards for space below the lowest floor as described in TMC Section
16.52.100, B.1.b., for residential construction.
c. The City shall notify applicants who propose to flood -proof
nonresidential buildings that flood insurance premiums will be based on rates that are
one foot below the flood -proofed level (e.g. a building flood -proofed to the base flood
level will be rated as one foot below). Flood -proofing the building an additional foot will
reduce insurance premiums significantly.
3. Manufactured Homes:
a. All manufactured homes to be placed or substantially improved on
sites, outside of a manufactured home park or subdivision, in a new manufactured
home park or subdivision, in an expansion to an existing manufactured home park or
subdivision, or in an existing manufactured home park or subdivision on which a
manufactured home has incurred "substantial damage" as the result of a flood, shall be
elevated on a permanent foundation such that the lowest floor of the manufactured
home is elevated one foot or more above the base flood elevation and be securely
anchored to an adequately -designed foundation system to resist flotation, collapse and
lateral movement.
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b. Manufactured homes to be placed or substantially improved on sites in
an existing manufactured home park or subdivision that are not subject to the above
manufactured home provisions shall be elevated so that either:
(1) The lowest floor of the manufactured home is elevated one foot or
more above the base flood elevation, or
(2) The manufactured home chassis is supported by reinforced piers
or other foundation elements of at least equivalent strength that are no less than 36
inches in height above grade and be securely anchored to an adequately designed
foundation system to resist flotation, collapse and lateral movement.
4. Recreational Vehicles. Recreational vehicles placed on sites are required
to either:
a. Be on the site for fewer than 180 consecutive days;
b. Be fully licensed and ready for highway use, on its wheels or jacking
system, be attached to the site only by quick disconnect type utilities and security
devices, and have no permanently attached additions; or
c. Meet the requirements for manufactured homes, including the
elevation and anchoring requirements for manufactured homes.
0. LIIIAUJGU tl/CICIJ OG/UVV VIG LUINGJI Floor If buildings or manufactured
homes are constructed or substantially improved with fully -enclosed areas below the
lowest floor, the areas shall be used solely for parking of vehicles, building access, or
storage.
C. Green River. In addition to the general and specific standards in the section,
the following standards apply to all areas adjacent to the Green River:
1. Construction/Reconstruction of Dikes/Levees: As part of the flood -proofing
for developments adjacent to the Green River through Tukwila, construction or
reconstruction of the dike/levee system, in accordance with dike/levee plans and
engineering studies, and in accordance with the Green River Management Agreement
(AG No. 85-043), will be required as part of the plan submittal.
2. If dike/levee improvements are not required, and the natural riverbank is
allowed as bank protection, then a riverbank stability analysis shall be provided to the
Public Works Department for review as part of the plan submittal.
3. Dedication of levee/dike/riverbank access construction and maintenance
easements on all properties adjacent to the Green River shall, as part of their
development, dedicate construction and maintenance easements for access and
maintenance of existing or future dikes/levees/riverbanks along the Green River as part
of their plan submittal. These easements shall be provided in such a manner so that
immediate access is allowed from other public rights -of -way for maintenance and
construction of dikes/levees.
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Section 15. TMC Section 16.52.110 is hereby reenacted to read as follows:
16.52.110 Floodways
A. €leedwas are lLocated within areas of special flood hazard areas established
in TMC Section 16.52.050 are areas designated as floodways. Fleedwat - ,^„+hi.n
Since the floodways are an extremely hazardous area due to the high floe, .,ol^^;+cos
velocity These^s^ —te. of floodwaters that can carry debris and potential preje^+il and
have a high potential for eresigri increase erosion potential, the following provisions
apply:
2-1. No Rise Standard. Prohibit encroachments, including fill, new construction,
substantial improvements, and other development, unless certification by a registered
professional engineer eeFt+fie6, is provided demonstrating, through hydrologic and
hydraulic analyses performed in accordance with standard engineering practice-, that the
proposed encroachment would not result in any increase in flood levels during the
occurrence of the base flood discharge.
2. Residential Construction in Floodways. Construction or reconstruction of
residential structures is prohibited within designated floodways, except for: (i) repairs,
reconstruction, or improvements to a structure that do not increase the ground floor
area; and (ii) repairs, reconstruction, or improvements to a structure, the cost of which
does not exceed 50 percent of the market value of the structure either, (a) before the
repair or reconstruction is started. or (b) if the structure has been damaaed. and is beina
restored, before the damage occurred. Any project for improvement of a structure to
correct existing violations of state or local health, sanitary, or safety code specifications
that have been identified by the local code enforcement official and `e'h�that are the
minimum necessary to assure safe living conditions, or to structures identified as
historic places, shall Rot be ;,,hided may be excluded in the 50 percent.
3. Substantially Damaged Residences in Floodway.
a. For all substantially damaged residential structures located in a
designated floodwav, the Floodplain Administrator may make a written request that the
Department of Ecology assess the risk of harm to life and property posed by the specific
conditions of the floodway. Based on analysis of depth, velocity, flood -related erosion,
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channel migration, debris load potential, and flood warning capability, the Department of
Ecology exercise best professional judgment in recommending to the local
Permitting authority repair, replacement, or relocation of a substantially damaged
structure consistent with WAC 173-158-076. The property owner shall be responsible
for submitting to the local government and the Department of Ecology any information
necessary to complete the assessment. Without a favorable recommendation from the
Department for the repair or replacement of a substantially damaged residential
structure located in the regulatory floodway, no repair or replacement is allowed per
WAC 173-158-070(1).
b. Before the repair, replacement, or reconstruction is started, all
requirements of the NFIR the state requirements adopted pursuant to 86.16 RCW, and
all applicable local regulations must be satisfied. In addition, the following conditions
must be met:
(1) There is no potential safe building location for the replacement
residential structure on the same property outside the regulatory floodway.
(2) A replacement residential structure is a residential structure built
as a substitute for a legally existing residential structure of equivalent use and size.
(3) Repairs, reconstruction, or replacement of a residential structure
shall not increase the total square footage of floodway encroachment.
(4) The elevation of the lowest floor of the substantially damaged or
replacement residential structure is a minimum of one foot higher than the Base Flood
Elevation .
(5) New and replacement water supply systems are designed to
eliminate or minimize infiltration of floodwater into the system.
(6) New and replacement sanitary seweraqe systems are designed
and located to eliminate or minimize infiltration of floodwater into the system and
discharge from the system into the floodwaters.
(7) All other utilities and connections to public utilities are designed,
constructed, and located to eliminate or minimize flood damage.
GB. All Other Building Standards Apply in the Floodway. If pFepesed
se,tnsne Tnar 16.52.1 OOz,T^r, TMC Section 16.52.110.A.1 is satisfied or construction
is allowed pursuant to TMC Section 16.52.110.A.2, all new construction and substantial
improvements shall comply with all applicable standards h:4 flood hazard reduction
provisions of TMC Section 16.52.100.
Section 16. TMC Section 16.52.120 is hereby reenacted to read as follows:
16.52.120 Critical Facility
Construction of new critical facilities shall be, to the extent possible, located outside
the limits of the Special Flood Hazard Area (SFHA). The Director may permit
construction of a new critical facility within the SFHA if no feasible alternative is
available. Critical facilities constructed within the SFHA shall have the lowest floor
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elevated three feet above base flood elevation or elevated to the 500-year flood
elevation, whichever is higher. Flood -proofing and sealing measures must be taken to
ensure that toxic substances will not be displaced by or released into floodwaters.
Access to and from the critical facility should also be protected to the height utilized
above. Access routes elevated to or above the level of the base flood elevation shall be
provided to all critical facilities to the extent possible.
Section 17. TMC Section 16.52.125 is hereby established to read as follows:
16.52.125 Compliance
All development within special flood hazard areas is subject to the terms of this
ordinance and other applicable regulations.
Section 18. TMC Section 16.52.130 is hereby reenacted to read as follows:
16.52.130 Penalties
No structure or land shall hereafter be constructed, located, extended, converted or
altered without full compliance with the terms of this chapter and other applicable
regulations. Violations of the provisions of this chapter by failure to comply with any of
its requirements (including violations of conditions and safeguards established in
connection with conditions) shall constitute a misdemeanor. Any person who violates
this chapter or fails to comply with any of its requirements shall upon conviction thereof
be fined not more than $1,000, or imprisoned for not more than 90 days, or both, for
each violation, and in addition shall pay all costs and expenses involved in the case.
Nothing herein contained shall prevent the City of Tukwila from taking such other lawful
action as is necessary to prevent or remedy any violation.
Section 19. TMC Section 16.52.140 is hereby reenacted to read as follows:
16.52.140 Abrogation and Greater Restrictions
This chapter is not intended to repeal, abrogate, or impair any existing easements,
covenants or deed restrictions. However, where this chapter and another ordinance,
easement, covenant or deed restriction conflict or overlap, whichever imposes the more
stringent restrictions shall prevail.
Section 20. 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.
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Section 21. Severability. This ordinance and the various parts thereof are hereby
declared to be severable. Should any Section of this ordinance be declared by the
courts to be unconstitutional or invalid, such decision shall not affect the validity of the
ordinance as a whole, or any portion thereof other than the Section so declared to be
unconstitutional or invalid.
Section 22. Declaration of Emergency — Effective Date. The City Council
hereby declares that a public emergency exists necessitating that this ordinance take
effect on August 19, 2020, upon its passage by a majority plus one of the whole
membership of the Council, and that these interim flood hazard regulations must be
imposed as an emergency measure in order to protect the public health, safety,
Property and welfare. This ordonanGe or a ;rnmary thereof shall be published in the
OffiGial Rewspaper of the Gety, and shall take Gff8Gt and be OR fUll fE)FGe five days after
passage and publiGatien--asprovided by law. A summary of this ordinance may be
published in lieu of publishing the ordinance in its entirety.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at
a Regular Meeting thereof this day of 12020.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Kari L. Sand, City Attorney
Allan Ekberg, Mayor
Filed with the City Clerk:_
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
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City of Tukwila Allan Ekberg, Mayor
Public Works Department- Bari Fannekanti, interim Director
INFORMATIONAL MEMORANDUM
TO:
Transportation and Infrastructure Committee
FROM:
Hari Ponnekanti, Interim Public Works Director
BY:
Adam Cox, Transportation Project Manager
CC:
Mayor Allan Ekberg
DATE:
July 31, 2020
SUBJECT:
42nd Ave South Bridge In-depth Inspection
Project No. 91810404
Bridge Closure/Traffic Reroute - Resident Feedback
ISSUE
Update Committee on the three-day 42nd Ave South Bridge closure for the in-depth inspection.
Staff will present the forthcoming post -inspection report to Committee in the near future.
BACKGROUND
At the December 2019 Transportation and Infrastructure Committee and City Council meeting, the
Committee approved a recommendation by Public Works staff for additional analysis of the bridge
beyond the routine King County inspections. Subsequently, the full Council concurred with that
recommendation, desiring to have more information to develop options for the bridge's ultimate
replacement.
Currently, the 42nd Ave S Bridge has a sufficiency rating of 7.56 out of 100, per King County's
inspection. Sufficiency ratings are calculated by a formula implemented by the Federal Highway
Administration to inventory the nation's infrastructure and to determine allocation of federal funds for
bridge replacement. Some of the considerations in establishing a bridge's rating include:
Structural Adequacy
Serviceability and Functional Obsolescence
Special Reductions
The City contracted a scope of work that included a more in-depth structural inspection using
nondestructive testing. This type of inspection provides a better understanding of how the bridge
steel is performing internally. The inspection included ultrasonic thickness measurements of gusset
plates and steel members that exhibit areas of corrosion and pack rust. During the inspection, the
42nd Ave S Bridge was closed to all vehicular traffic to allow the inspectors to safely maneuver on
the bridge. Public Works staff expressed to Council the necessity of closing the bridge during the
inspection in December 2020.
An Under -Bridge Inspection Truck (UBIT) was used on July 22 and 23, 2020, to give the inspectors
access to all the steel members under the bridge. The inspectors used a boom lift on July 24,
2020, to access all the connection points at the top of the bridge.
https://tukwilawa.sharepoint.com/sites/publicworks/engineering/PW Drop Box/01 TIC Agenda/Agenda Items/TIC 08-03-2020/3. 42nd Avenue South Bridge
Closure/InfoMemo 42nd Ave Post Inspection_2020-07-31.docx 31
42nd Ave South Bridge Closure
July 31, 2020
Page 2
ANALYSIS
The City attempts to limit road and bridge closures whenever possible. On occasion, however, a
partial or full closure is the safest or most effective means to perform emergency, investigative, or
time -sensitive work. The closure of the 42nd Ave S Bridge was the safest and most expedient way
to perform the necessary inspection and this inspection provides information that will be helpful in
the City's on -going deliberations about the bridge. Nevertheless, because the bridge closure would
be disruptive to many people, a traffic control and road closure communication plan were high
priorities.
As part of the communication plan, a postcard (which is attached) was created by the City and
provided to the post office on Friday, July 17, 2020, to be sent to residents. The postcard
expressed that residents would need to use alternate routes during the closure. Additionally, two
reader board message signs were placed on northbound and southbound E Marginal Way S in the
vicinity of the bridge, in advance, in full compliance with the MUTCD best practices; displaying the
dates and times of the upcoming closure per the traffic control plan. The bridge closure notice was
also posted on the City's website and social media, including Twitter and Facebook.
In addition to communicating with the neighborhood and residential users of the bridge, staff made
further efforts to communicate the three-day bridge closure to known commercial operators in the
vicinity. BNSF Intermodal Yard and Baker Commodities personnel were informed of the upcoming
closure and the City's approved reroute. The City met with BNSF representatives and Baker
Commodities since January 2020 on numerous occasions to have clear communication during the
bridge closure, including finding days which were least disruptive to their operations, as well as
identifying detour routes. Both parties stated that they would broadcast the closure information to
the anticipated users, and continuously communicate to their truck drivers that the S 129th St
Bridge was the only approved truck detour.
During the bridge closure, large trucks, and bobtails (trucks without trailers) were witnessed by
local residents using 42nd Ave S and S 115th St as a reroute. Public Works and the Tukwila PD
were contacted approximately six times by Allentown residents to be made aware of the continual
truck usage. City staff determined that detour signs targeting small vehicular traffic were mistakenly
being used by some truck drivers not affiliated with BNSF or Baker Commodities. In an attempt to
clarify the truck reroute for these unknown haulers, City staff placed additional signage stating
trucks were prohibited to use 42nd Ave S and S 115th St. Many of the trucks obeyed the approved
reroute, but some did not.
Staff collected and reviewed feedback received from residents and from BNSF. City personnel held
a short debrief meeting with BNSF after the inspection to discuss the outcome, as well as lessons
learned during the inspection. BNSF felt the bridge closure was handled well, as they did not
observe a reduction in the volume of trucks through their facility. Additional feedback from the truck
drivers stated that driving on the steep grade of the S 129th St Bridge was easier than what they
had originally expected.
Two residents voiced concerns about the truck traffic in the neighborhood during the closure. This
feedback led to changes that future signage would be needed to clearly differentiate between
trucks and smaller vehicular traffic. For example, in the future, staff will display "No Trucks
Allowed" signs to indicate that the detour is not intended for trucks and that there should be
additional monitoring by the contractor and City staff. It was also communicated that some
residents did not receive their postcards until July 21, 2020, which was the day before the closure.
https://tukwilawa.sharepoint.com/sites/publicworks/engineering/PW Drop Box/01 TIC Agenda/Agenda Items/TIC 08-03-2020/3. 42nd Avenue South Bridge
Closure/InfoMemo 42nd Ave Post Inspection_2020-07-31.docx 32
42nd Ave South Bridge Closure
July 31, 2020
Page 3
Going forward the staff will send notifications much earlier to avoid any possible delays that
potentially impact Tukwila residents.
NEXT STEPS
Staff will present a more detailed summary of the inspection report this Fall, in addition to
proposing options for the 42nd Ave S Bridge. The initial results of the inspection, and with continued
adherence to load restrictions, indicate there is no need to close the bridge to vehicular traffic
immediately.
Attachments: Photos
Post Card
Two Resident Emails
https://tukwilawa.sharepoint.com/sites/publicworks/engineering/PW Drop Box/01 TIC Agenda/Agenda Items/TIC 08-03-2020/3. 42nd Avenue South Bridge
Closure/InfoMemo 42nd Ave Post Inspection_2020-07-31.docx 33
42nd Ave S Bridge Closure — In-depth Inspection Photos
July 22-24, 2020
34
96-2"-998
The 42nd Avenue South Bridge
will be closed to vehicle and
pedestrian traffic on Wednesday,
July 22nd to Friday, July 24th
from 8 a.m. to 6 p.m.
• The 42nd Avenue South Bridge is scheduled to have an in-depth inspection of the
steel members.
• The inspection is tentatively scheduled to be performed on July 22 through July
24th but could take up to two (2) weeks depending on the results of the
inspection.
• During the inspection, both lanes will be closed to all traffic to allow the inspector
complete access to the bridge.
• Please contact the Project Manager, Adam Cox, for any additional comments or
concerns.
City of Tukwila
Public Works Department
• 6300 Southcenter Boulevard
Tukwila, WA 98188
City of Tukwila
Adam Cox
Project Manager
(206) 431-2446
Adam.Cox@Tukwilawa.gov
Noa
36
From: Cynthia Delostrinos Johnson
Sent: Sunday, July 26, 2020 1:16 PM
To: Laurel Humphrey
Subject: Fwd: 42nd Ave S bridge...
Begin forwarded message:
From: Patrice bloch <bloodrootyoga@gmail.com>
Date: July 24, 2020 at 3:58:30 PM PDT
To: Cynthia Delostrinos Johnson<C.DelostrinosJohnson@TukwilaWA.gov>
Subject: 42nd Ave S bridge...
Good afternoon!
I am a resident of Duwamish/Allentown which is the area most impacted by the bridge closure.
This area has been declared a "Critical Area" and is protected from disturbance and alteration according
to TMC Chapter 18.45
There are many beautiful species of animals and birds that deserve protection.
Our children deserve safety and our pets deserve safety.
The river side road is not capable of bearing the weight of 5 ton+ trucks traveling as frequently as BNSF's
customers do.
We live on 42nd Ave S, so as you can imagine, we've witnessed (and felt!) the uptick in truck traffic after
the closure. You may already know that 129th was designated as a reroute for the trucks. I understand
fully that this route is inconvenient and the hill is difficult to maneuver for the truck drivers. While I want
to be sensitive to the drivers and am fully supportive of workers' rights, we have to let them settle their
grievances with BNSF on their own, which I hope they actively do. Meanwhile, I have to stand up for our
neighborhood's residents.
Despite some permanent and temporary signage as drivers exit the BNSF intermodal yard, drivers are
choosing to disregard and are using 42nd Ave S to connect to E Marginal.
Turning into Allentown from Marginal, the temporary signs visible to drivers that are turning onto S
115th don't include reroute instructions for trucks, only "detour" signs for cars. The weight restriction
"no trucks" sign that is visible on S 115th appears too late to reroute being that there is no turnaround
available to large trucks. Ultimately, I'd like for BNSF to provide a traffic enforcer to guide trucks toward
the proper reroute for trucks.
There needs to be a permanent alternate route that is both safe for the truck drivers and one that
encourages them to abide by the "no truck" laws on our streets. It's my personal opinion that it is the
37
responsibility of BNSF, not the city's, to prepare an alternate route for their customers. The 42nd Ave S
bridge is in a state of deterioration due to the constant overweight trucks from BNSF's yard repeatedly
traveling over it. Our neighbors were in talks with BNSF years ago and were promised that a plan was in
place, yet after several years there is no indication that it is going to be implemented.
As a side note, BNSF claims to have "been here first" and therefor has rights to the territory that we, as
residents, do not. That's a lie. Not only did this land belong to the Duwamish people prior to white
settlers, there were white settlers here in 1851 staking claim to this land while the railway did not
establish until 1875. The Northern pacific line was completed in 1883. I'm not sure if the BNSF reps
know they are lying, but we do.
I have contacted Adam Cox several times, I've called the Tukwila Police Department and I spoke with the
motorcycle policemen parked at the abandoned fire station.
After contacting the Tukwila Police, I was informed that they have not received a directive to address
the trucks traveling down our street and I had a few questions:
Do the cops need a directive to enforce the law if there is a speeder? A drunk driver? The law is clearly
posted and is being disregarded. One should not need a directive.
The motorcycle cops I spoke to stated "Well, the bridge is closed. They don't have anywhere else to go"
and I informed them of the reroute instructions clearly posted to which they replied "Well, a lot of the
drivers are from out of town..." which poses the obvious question... If an out of town driver is
disregarding the speed limit sign do they get a pass? If so, why? The same cops also told me that I was
not allowed to redirect truck traffic myself as I am planning to do because, well... the LAW. I've
witnessed the disregard for law for the past three days, I don't feel obligated got follow the rules.
I want to be clear that I intend to protest peacefully and lawfully if the bridge closes temporarily or
permanently, but I will not fail to inconvenience BNSF.
Thank you immensely for your time and your public service,
Patrice Bloch
CAUTION: This email originated from outside the City of Tukwila network. Please DO NOT open
attachments or click links from an unknown or suspicious origin.
38
From: Cynthia Delostrinos Johnson <C.DelostrinosJohnson@TukwilaWA.gov>
Sent: Sunday, July 26, 2020 11:40 AM
To: Laurel Humphrey <Laurel.Humphrev@TukwilaWA.gov>
Cc: Adam Cox <Adam.Cox@TukwilaWA.gov>
Subject: Fwd: 42nd Avenue S. Bridge Closure
Hi Laurel and Adam,
I would like to add the 42nd Ave Bridge as a
topic of discussion at the next TIC meeting. It will be an opportunity to learn what went well and what can be improved
for next time. I imagine this is not the first and won't be the last time the bridge will need to be closed.
Adam, feel free to jump in. I think you were able to talk with Mr. Bloch about his concerns. Thanks for passing along my
contact info for him to follow up with. I'll respond to him and let him know we'll be talking about this.
Laurel - I will be forwarding you two emails for incorporation into the meeting packet on this agenda item.
Please let me know if either of you have any questions or concerns. Also feel free to forward this email to others who
you think should be looped in.
Thanks,
Cynthia
Begin forwarded message:
From: Drue Bloch <andrewmbloch@gmail.com>
Date: July 24, 2020 at 2:35:55 PM PDT
To: Cynthia Delostrinos Johnson <C.DelostrinosJohnson@TukwilaWA.gov>
Subject: 42nd Avenue S. Bridge Closure
Good afternoon Cynthia,
I was informed by Adam Cox that you are the city council representative that is in charge of transportation. As
a resident who lives on 42nd Avenue South I felt compelled to give my personnel assessment of the past shut
down of the 42nd ave s bridge for its inspection.
To begin, I was aware that something was about to happen when the detour signs began appearing a week
before the shutdown. I have to admit that I thought it was inconsiderate to not include the residents most
39
affected earlier in the planning process. Adam told me that BNSF had had a minimum of two weeks advance
notice to inform their customers of the reroute yet the residents were not informed until two days before the
shut down. I expressed my opinion to Adam and I suggest to you as well that the residents get an opportunity
in the future to express their opinions. I think it would have helped in the planning because what transpired was
less than acceptable.
Adam assured me that BNSF had had ample time to alert their customers to the reroute. However, as early as
6:15 in the AM semi trucks began rolling down 42nd Avenue which, if you do not know, has a weight restriction
of 5 tons. I was told by Adam if there were trucks coming down 42nd that I was to call 911 (non emergency)
and report it to TPD. I called TPD twice on Wednesday and once on Thursday after I witnessed a car passing a
semi in a 25 MPH zone because the semi was doing the speed limit. In addition to TPD I called Adam to see if
he could pass the word to whomever might be able to get the trucks to divert to the agreed reroute along S.
129th St. I saw no effect to the flow of trucks based on our repeated phone calls.
In summary, I would like to suggest that in the future when there is to be another bridge shutdown, that BNSF
is made to hire TPD or post traffic control individuals to monitor the exit of the intermodal yard at S. 124th and
at the entrance of the Duwamish/Allentown neighborhood at S. 115th and E. Marginal to prevent the trucks
from traveling through a residential neighborhood. That's all it would have taken to avoid me having to bother
you with this.
I anticipate more shutdowns to come considering the damage that the trucks are causing our bridge. I look
forward to a solution sometime in the near future.
Thank you for your service to the community, Andrew Bloch
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40