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HomeMy WebLinkAboutCOW 2025-05-12 Item 5B - Ordinance - Critical Area Designation Permit & Pre-Application Conference ProcessCOUNCIL AGENDA SYNOPSIS Initials Meeting Date Prepared by Mayor's review Council review 5/12 MB 5/19 MB ITEM INFORMATION ITEM No. 5.B. STAFF SPONSOR: MAX BAKER ORIGINAL AGENDA DATE: 5/12 AGENDA ITEM TITLE Ordinance Establishing a Critical Area Designation Permit and Requiring Pre - Application Conferences for Certain Permits CATEGORY ❑ Discussion Mtg Date ❑ Motion Altg Date ❑ Resolution Mtg Date ® Ordinance Mtg Date 5/12 ❑ Bid Award Mtg Date ❑ Public Hearing Mtg Date ❑ Other AN Date SPONSOR ❑ Council ❑ Mayor ❑ Adntin Svcs ® DCD ❑ Finance ❑ Fire ❑ PPolice ❑ PW SPONSOR'S SUMMARY The proposed ordinance would amend the Tukwila Municipal Code to create a Critical Area Designation (CAD) Permit and require pre -application conferences for certain complex permits, improving early coordination and clarity in the development review process. The Council will consider the ordinance at the May 12, 2025, Committee of the Whole meeting, with approval recommended for the May 19, 2025 Regular Meeting. REVIEWED BY ❑ Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ® Planning & Community Dev. ❑ LTAC DATE: ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. COMMITTEE CHAIR: HEDRICK RECOMMENDATIONS: SPONSOR/ADMIN. Department of Community Development COMMITTEE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 5/12 COW Consideration 5/19 Regular Meeting - Consent Agenda MTG. DATE ATTACHMENTS 5/12 Informational Memorandum dated 5/12/25 Draft Ordinance 5/19 21 City of Tukwila Thomas McLeod, Mayor INFORMATIONAL MEMORANDUM .TO: Planning and Community Development Committee FROM: Nora Gierloff, AICP, Director of Community Development BY: Maxwell Baker, AICP, Development Supervisor CC: Thomas McLeod DATE: May 12, 2025 SUBJECT: Ordinance Establishing a Critical Area Designation Permit and Requiring Pre -Application Conferences for Certain Permits ISSUE The proposed ordinance amends Tukwila Municipal Code (TMC) Title 18, Zoning, to create a Critical Area Designation (CAD) Permit and formalize the pre -application conference process. These changes are intended to improve clarity and coordination in the development review process, particularly for environmentally sensitive sites. BACKGROUND The City of Tukwila regulates critical areas, such as wetlands, streams and steep slopes, under TMC Title 18. However, the absence of a dedicated permit type for establishing the presence and boundaries of critical areas has led to inconsistencies in early site review and confusion about how to determine project feasibility prior to full permit submittal. To address this, staff are proposing a new Critical Area Designation (CAD) Permit, which would provide a formal determination of critical area presence and applicability before development permits are accepted. The Planning and Community Development Committee was initially briefed about the Critical Area Designation Permit at the February 10, 2025, meeting and expressed support for moving the proposal forward. As a companion improvement to the development review process, staff are also introducing a formal requirement for pre -application conferences. A pre -application conference is an early meeting between an applicant and City staff to discuss a potential development proposal, identify relevant codes and requirements, and flag potential issues before a full application is submitted. While pre -application conferences have long been an optional tool available to applicants under TMC 18.104.050, they are not required for any specific permit type. The current code allows applicants to request a meeting to discuss requirements and receive feedback on their proposal, but attendance is voluntary. The proposed code amendment would establish a mandatory pre -application process for certain complex permit types identified by the department, ensuring early coordination and better project outcomes. DISCUSSION Critical Area Designation (CAD) Permit The proposed new CAD Permit must be obtained for any property located within 150 feet of a confirmed or potential critical area before any development permit can be accepted. It would provide an official determination of the presence, or lack, of critical areas and would be valid for five years, unless site conditions or regulatory maps change significantly. Applicants may choose to use the City's consultant for the critical area study or submit their own report, which may be subject to peer review. 22 INFORMATIONAL MEMO Page 2 Pre -Application Conferences The amendment to TMC 18.104.050 would require pre -application meetings for certain permit types. The Department would publish a guidance document identifying which permits require a pre -application conference. Generally, these would include larger land use and development permits or permit types that are expected to lead to subsequent permits, such as design review. The intent is to ensure early coordination, clarify submittal requirements, identify potential site constraints, and facilitate interdepartmental review. A fee would be charged for the conference and credited toward the permit fee if an application is submitted within six months and the project scope remains consistent. These conferences would not vest project rights. FINANCIAL IMPACT There is no direct budget impact. Permit and pre -application fees would be collected under the City's adopted fee schedule. The new processes are expected to improve permitting efficiency and reduce downstream review issues, potentially saving staff time and resources. For permits required to attend a pre -application conference, the pre -application fee will be credited toward the permit application fee if the applicant submits their project within six months and the scope remains substantially the same, including key elements such as use, intensity, and site layout. RECOMMENDATION The Council is being asked to consider the ordinance at the May 12, 2025, Committee of the Whole meeting, with approval to take place as part of the Consent Agenda at the May 19, 2025, Regular Meeting. ATTACHMENTS A. Draft Ordinance — Critical Area Designation Permit and Pre -Application Conference Requirements 23 AN ORDINANCE OF THE CITY COUNCIL 0 TUKWILA, WASHINGTON, AMENDING TU CODE (TMC) ESTABLISHING NEW SE ESTABLISH A PRE -APPLICATION C FOR LAND USE PERMITS; AME 2741 §3 (PART) AND 2745 § 18.104.010; AMENDING ORDINA CODIFIED AT TMC 18.104.0 SEVERABILITY; AND EST THE CITY OF A MUNICIPAL 18.45.050 TO PROCESS G ORDI CE NOS DIFIE ' AT TMC 2741 §3 (PART), AS PROVIDING FOR FFECTIVE DATE. WHEREAS, Title 18 of the wila pa ode ("TMC") establishes regulations for critical areas, a e ty s s to ensure these regulations align with best practices and statutory WHEREAS, the 'es to improve the permitting process by establishing a Critical Area Design. Pe s-mlining the review of critical areas while maintaining enviro -ntal pro tion ; and WHEREAS, the ir' ent for detailed critical area delineations has been identified as essential for - ring compliance with TMC Title 18, and a dedicated permit will provide clarity and efficiency in the review process; and WHEREAS, the proposed amendments to the Tukwila Municipal Code to establish the Critical Area Designation Permit are exempt from review under the State Environmental Policy Act (SEPA); and WHEREAS, on February 10, 2025, the Planning and Community Development Committee received a briefing on the proposed approach and expressed support for moving the item forward to the City Council for consideration; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: 2025 Legislation: Critical Area Designation Permit Version: 5/8/25 Staff: M. Baker Page 1 of 5 24 Section 1. Adoption of Findings of Fact. The City Council finds as follows: A. The above recitals, set forth as "WHEREAS" clauses, are hereby adopted as Findings of Fact in support of the adoption of this ordinance. B. The amendments that are established below comply with the requirements of the Washington State Growth Management Act and the Tukwila Municipal Code. Section 2. Regulations Established. TMC 18.45.050 is hereby established to read as follows: 18.45.050 Critical Area Designation Permit A. A Critical Area Designation Permit establishes whether critical areas or buffers are present on or near the property and includes a critical area s y if needed. 1. A Critical Area Designation Permit is requir is located within 150 feet of, a confirmed or pot development permit can be accepted or issued. ny property that contains, or I area before any other 2. A Critical Area Designation Per ay applied for at any time by the property owner or the property owner's agent. B. To apply for a Critical Area Des' Per e property owner or the property owner's agent must submit an application r - - ent using a form provided by the department. The application may er the si or a portion, provided that a map is included identifying the area for -sig ion is sought. C. The department or whether critical areas or buffers 150 feet. If a wetland o consistent with T hereafter amende shall include a profes stream exists on or withi assessment shall be requir- d. conduct an initial site review to determine or hav- the potential to exist, on the property or within tified, the applicant must obtain a critical area report rovided in subsection D as currently enacted or ce or classification of a stream is uncertain, the report mendation. If the report concludes that no wetland or et of the property, and the department concurs, no further D. To fulfill the requirement for a critical area report, the applicant shall either: 1. Fund a critical area study prepared by the City's consultant, which will not be subject to peer review; or 2. Submit a critical area study prepared by a qualified professional as defined in TMC Title 18, which may be subject to applicant -funded peer review by the City or its consultant. E. Upon request by the applicant, the Critical Area Designation Permit may include an evaluation or interpretation of the applicability of critical area buffers and standards to a potential future development. 2025 Legislation: Critical Area Designation Permit Version: 5/8/25 Staff: M. Baker Page 2 of 5 25 F. Based on the critical area report, the Department shall issue a final determination for the Critical Area Designation Permit. G. The Department shall make its written determination on the Critical Area Designation Permit within one hundred twenty (120) days of receiving a complete application, unless an extension is authorized under the Tukwila Municipal Code. H. The Critical Area Designation Permit shall be valid for five (5) years unless: 1. Physical conditions on or within 300 feet of the subject property have markedly and demonstrably changed due to natural processes or man-made activity, or 2. Applicable regulatory agencies adopt updated maps or designations that conflict with the original determination in the Critical Area Designation Permit. Section 3. Ordinance Nos. 2741 §3 (part) and 27 §7, as codified at TMC 18.104.010, "Classification of Project Permit Applications ' hereby amended to read as follows: TYPE 1 DEC TYPE OF PERMIT D ION MAKER Temporary Encampment Permit Revocation (TMC Chapter 8.48) Director Administrative Variance f — 30 days or less (TMC 8.22.120) irector Any land use pe appro issued by the ' -, u s specifically-goriz- :s a Ty 2, 3, 4, or 5 As specified by ordinance Boundary Li ' . men , ding Lot • 'dat • Director ritical Area ign. .n Permit Director or Modific. ,n of a Boundary L djustm: or Lot . ol'on Preliminary Appro (TMC 1 .0 8.030) Director Development Permit Building Official Minor Modification to Design Review Approval (TMC 18.60.030) Director Minor Modification to PRD (TMC 18.46.130) Director Signs (TMC 19.12.020) Director Tree Permit (TMC 18.54) Director Wireless Communication Facility, Eligible Facilities (TMC 18.58) Director 2025 Legislation: Critical Area Designation Permit Version: 5/8/25 Staff: M. Baker Page 3 of 5 26 Section 4. Ordinance No. 2741 §3 (part), as codified at TMC 18.104.050, "Pre - Application Conferences" is hereby amended to read as follows: 18.104.050 Pre -Application Conferences appli nt and shall be hold in a timely manner '�^ hF'hP''•T• Eai-rr, �rrrcr—.mun"pc��rr" .1 .-rran'rTcr. A. A pre -application conference shall be required prior to filing a permit application when the permit type is identified in a guidance document maintained by the department. When a pre -application conference is not required, an app ' : nt may voluntarily request one. B. The purpose of the pre -application confe understanding the applicable regulations, require any known site constraints such as critical are. C. The department shall schedule the pre - once a complete request is submitted o► .rms p any required fee set forth in the City's fe to time. Staff from other affected City dep necessary by the department. D. For permits that re application under this chapte under this section wit submittal. E. Applicants application is submitt project scope remains c be credited toward the per assist the applicant in ittal expectations, and ion conference in a timely manner ed by the department, along with ch shall be amended from time encies may attend as determined on conference, the City will not accept an cant attended a pre -application conference onths immediately prior to the date of application ed a fee for the pre -application conference. If a permit (6) months of the pre -application conference and the nt with what was presented, the pre -application fee shall application fee. F. Pre -application conferences do not vest the applicant's rights to any regulations in effect on the date of the conference. Section 4. Corrections by City Clerk or Code Reviser Authorized. 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 2025 Legislation: Critical Area Designation Permit Version: 5/8/25 Staff: M. Baker Page 4 of 5 27 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. 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 , 2025. ATTEST/AUTHENTICATED: Andy Youn-Barnett, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney ‘1- 2025 Legislation: Critical Area Designation Permit Version: 5/8/25 Staff: M. Baker Thomas od, Mayor File• ith the Cif ';lerk: P ed b the City .;ouncil: IS E - e Date: Ordin. e Number: Page 5 of 5 28