HomeMy WebLinkAboutPCD 2025-07-14 Item 1A - Grant Acceptance - Salmon Recovery through Local Planning Project & Critical Area Ordinance Development from WA Department of Commerce & Ecology
City of Tukwila
Thomas McLeod, Mayor
INFORMATIONAL MEMORANDUM
TO: Planning and Community Development Committee
FROM: Nora Gierloff, AICP, Community Development Director
BY: Nancy Eklund, AICP, Long Range Planning Supervisor
CC: Mayor Thomas McLeod
DATE: July 14, 2025
SUBJECT: Acceptance of Commerce/Ecology Grant for Salmon Recovery through
Local Planning Project (and Critical Area Ordinance Development)
ISSUE
The Council is being asked to approve a grant agreement with the Washington Departments of
Commerce and Ecology.
BACKGROUND
The City has received a $_(to be determined in final grant agreement)_ grant from the
Washington Department of Commerce and the Environmental Protection Agency to complete
the several projects associated with the City’s Natural Environment. Critical among these tasks
is the update of the City’s Critical Areas Ordinance, which the Growth Management Act requires
be updated by 12/31/25. In addition, the project includes the acquisition of a Geographic
Information System (GIS) data set and implementation of it in a pilot project. This information
will allow the City to complete a greater level of analysis on the City’s tree canopy and land
cover conditions, and will provide insight into how well the critical area regulations and other city
standards are protecting the City’s natural habitats. it will also provide the opportunity to
understand how City regulatory and programmatic efforts could be modified to deliver greater
benefits to the entirety of the Tukwila community
The grant will enable the City to hire a consultant subject matter expert to provide input and
guidance on Best Available Science alternatives that will work best for the City.
The Washington State Growth Management Act (GMA) requires that cities periodically update
their Critical Areas Ordinances (CAOs), ensuring that they reflect the best available science
(BAS) and continue to protect critical areas. Areas managed by the CAO include wetlands,
aquifer recharge areas, fish and wildlife habitat conservation areas, frequently flooded areas,
and geologically hazardous areas. GMA allowed jurisdictions who were required to complete
their Comprehensive Plans by 12/31/2024 (as Tukwila did) to defer completion of the CAO to
12/31/2025.
The grant intent requires that the project have salmon recovery benefits and be an
interdepartmental effort. The project will involve the Department of Community Development
primarily, in consultation with Public Works and Parks.
1
INFORMATIONAL MEMO
Page 2
DISCUSSION
Objectives of the grant align with numerous City Goals around tree canopy, climate change,
ensuring clean water, healthy habitats, overall environmental protection and providing a healthy
environment for the community.
Accepting this grant will enable the City to hire an environmental consultant. The Consultant will
coordinate with the City to update the mandatory CAO, which will maintain the City’s compliance
with state law and eligibility for some state grants. The project will also provide data analysis,
alternatives and options development, and recommendations that will benefit the Community
and its natural resources.
FINANCIAL IMPACT
There is no match required for this grant. Funds will be reimbursed from the Department of
Commerce upon completion of deliverables.
RECOMMENDATION
It is expected that Commerce and Ecology will take potentially more than a month to complete
finalization of the grant agreement before sending it to the City for signature. Because of the
limited timeline to develop the Critical Area Ordinance (with adoption targeted by early
December 2025), we are asking that the PCD forward a request to the 7/21 Council meeting for
the Council to approve the grant agreement and allow the Mayor to sign it upon receipt. This
grant agreement is entirely revenue backed by Commerce and Ecology funding.
An agreement associated with this request also being presented to Council is for a contract with
Facet Consulting. Facet has been identified as the firm to complete the grant project, as well as
continuing critical area permit review they have provided to the City under previous contracts.
All the work proposed in the Facet contract is also revenue-backed, by either grant or permit
fees.
ATTACHMENTS
A. Contract will be provided by Commerce/Ecology in their format.
B. Scope of Work (DRAFT- to be approved by Commerce and Ecology)
2
Grant Program: Salmon Recovery through Local Planning
Applicant: City of Tukwila
DRAFT
Page 1 of 10
PROJECT DESCRIPTION
Tukwila seeks to harness regulatory and programmatic opportunities to improve canopy coverage,
habitat, and environmental equity goals. Through this project, the City will adopt and implement new
Tukwila-supported Best Available Science and best practices in its critical areas regulations, informed by
novel uses of enhanced GIS data, and importantly, will be implemented by a well-informed community
coalition of decision makers, residents, and property owners.
The City proposes to use a creative process to define a multi-benefit approach to regulations and
programs that play a role in the complex housing, economic, equity and salmon recovery goals the City
has identified in its community plans. The outcome of this process will yield tools that ensure the City
and community partners are best situated to steward Tukwila’s natural environment, as well as protect
the greater natural resources of the Pacific Northwest.
The City aims to increase tree cover where it is needed most: in critical areas, over pavement and in
areas of inequitable scarcity. The project will address the role these key locations play in providing
significant benefits for salmon, people, climate and the environment, and will shape its regulations to
address tree equity, tree scarcity, and canopy coverage. Numerous City policies and the Comprehensive
Plan and Surface Water Plan goals, policies, and strategies are instrumental in supporting this effort,
including the following two:
• Canopy coverage goals by land use type - Comprehensive Plan
• The Tukwila Equity Policy’s mission to “… guide the equitable physical development” of the City
To support the City’s aim to cultivate a civic culture of environmental understanding, the project will
expand communication to spark a well-informed discussion about the City’s strategy to meet housing
and development goals, along with environmental goals and obligations. This communication will be
implemented by staff with appealing materials developed by the consultant, at staff’s direction.
A technical component the City seeks support for is the development of an advanced tree canopy
assessment that will inform strategic code updates that will further support the City’s canopy, habitat,
and environmental equity goals. Specifically, the City intends to acquire remotely sensed raster canopy
data that is model-trained on PNW vegetation. This data will be developed in a pilot project that seeks
to ensure the data is understandable, accessible, and provides new insights into critical area buffer land
uses. The desired result is providing property owners with more-frequently updated, detailed
information on their properties’ tree canopy and impervious surface coverage. This valuable parcel-level
data will inform the regulation of both critical areas and trees. The City will explore how the data can be
used, potentially during the permitting process, with the goal of ensuring local canopy coverage goals
are met as the City continues to grow. With City input, the consultant will develop a memorandum that
summarizes the data products the City could purchase to achieve this inventory tool, and will provide
guidance on a potential City pilot program using the data to analyze the value and effectiveness of
regulations that support the City tree canopy goals.
WDFW’s BAS recommendations envision critical areas having significantly larger, fully vegetated buffers,
that are challenging in built-out urban environments such as Tukwila. Furthermore, these urban areas in
the City frequently contain wide expanses of otherwise desirable, legally non-conforming development
3
Grant Program: Salmon Recovery through Local Planning
Applicant: City of Tukwila
DRAFT
Page 2 of 10
amidst significant networks of streams, wetlands, and springs on steep valley slopes that feed into the
Green-Duwamish River. Tukwila contains the uppermost estuary reaches of the River, a transition zone
that is crucial for support and protection of threatened anadromous fish. An important aspect of
drafting a strategic, multi-benefit code update will be analyzing regulations that apply to and affect the
trees located in critical areas, and identifying if those regulations are supportive of City goals. This
analysis will include NPDES considerations, as well as identify potential incentive programs and offerings
that will support City goals in these areas.
Importantly, these efforts will also provide information and benefit to the tree code update to follow (in
FY 2026-2027), which seeks to increase the requirements for, and retention of, older trees, connected-
canopy/grove trees, and tree canopy over impervious surfaces, particularly in low-canopy areas of the
city. These high-value trees provide significant benefit to numerous areas of the City and contribute to
the implementation of City policies regarding the betterment of habitat, water-quality, climate
resilience and stormwater interception, as well as human mental and physical health benefits.
4
Grant Program: Salmon Recovery through Local Planning
Applicant: City of Tukwila
DRAFT
Page 3 of 10
Tukwila Scope of Work
Action/Steps/
Deliverables Description
A
&
B1
Start Date
(MM/YY)
End Date
(MM/YY)
PHASE 1: CRITICAL AREA CODE – STRATEGIC ANALYSIS + CODE UPDATE
TASK 1 Project Management and Coordination: 2025-07-15 2026-06-30
Step 1.1
Secure Council Approval
• Commerce and Consultant Contract
o PCD Committee (7/14) and
o City Council (7/21) on grant
contract with Commerce
2025-07-14 2025-07-14 or -
07/21
Deliverable 1.1a
(to City) Signed Contract: Tukwila and Commerce 2025-07-14 or 07-
22
Step 1.2
Team Coordination
• City staff to gather relevant city
departments and to establish:
o Project objectives
o Identify data sources and
responsibilities.
o Schedule for involvement &
expectations
• City and consultant staff to establish:
o Identify data sources and
responsibilities.
o Timeline and expectations
o Administrative management
2025-07-01 2026-06-30
TASK 2 Identify, Purchase, and Load GIS Product
Step 2.1
GIS Product Review
• City staff to define project goals to be
supported by GIS data
• Evaluate remotely sensed datasets to
assess tree canopy. Candidate datasets to
include:
o Vector summaries and raster
data/polygons of overlapping land
cover (impervious, pervious, tree
canopy) at the parcel & ROW level
2025-07-15 2025-08-04
1 A & B tasks are those that go beyond conventional development of a Critical Areas Ordinance. These are noted
with a “”.
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Grant Program: Salmon Recovery through Local Planning
Applicant: City of Tukwila
DRAFT
Page 4 of 10
Action/Steps/
Deliverables Description
A
&
B1
Start Date
(MM/YY)
End Date
(MM/YY)
o Logistics and costs for the City to
host/update internally and on
Tukwila’s public iMap
o Costs and technical requirements for
the products reviewed.
o Assessment of the accuracy of
vegetation analysis model-training
available for each seasonal dataset
edition
o Determination of whether there
other relevant GIS data products
should be considered by City to meet
stated goals
Deliverable 2.1a
(To City)
Summary recommendations with
comparison table(s) to guide GIS product
selection
2025-07-15 2025-08-11
Step 2.2
GIS Data Selection
• Staff to select and purchase model-trained
tree/land cover GIS dataset(s).
2025-07-23 2025-07-23
Step 2.3
Map Creation
• City Staff to create an internal tree canopy
GIS layer in iMap or in new internal map
for pilot with assistance, as needed, from
consultant (<16 hs).
2025-07-28 2025-08-04
Deliverable 2.3a
(to City)
Map layer(s) for internal use showing City
tree and land cover by parcel, ROW, critical
area buffers, zoning & census block.
2025-07-28 2025-08-04
Step 3.1
GIS Data Analysis – Using GIS data, gather
enhanced tree canopy and land cover data
• City staff to analyze the new data:
o To develop critical area land use
insights to inform possible CAO code
changes, as well as other City Code
changes; and
o To form recommendations for
possible development of future tree
permitting application content to
implement City Goals on habitat,
equity & canopy coverage.
o To evaluate City data to reveal
discernable connections between
environmentally burdened areas and
natural resource coverage. Identify
where and how revised CAO
6
Grant Program: Salmon Recovery through Local Planning
Applicant: City of Tukwila
DRAFT
Page 5 of 10
Action/Steps/
Deliverables Description
A
&
B1
Start Date
(MM/YY)
End Date
(MM/YY)
regulatory and programmatic efforts
could benefit the local community.
o To evaluate legally non-conforming
development in existing and potential
buffers.
o If needed, provide 16 hs consultant
assistance.
Deliverable 3.3
(to City)
City Staff to prepare summary memorandum
of GIS analysis identifying possible CAO and
other code changes; main content from City,
assembled and fleshed out by Consultant.
TASK 3 Best Available Science (BAS) Review 11/10/25
Step 3.1
Review BAS
• The Consultant team will review Tukwila’s
existing BAS report to determine updates
needed to be consistent with changes in
science and regulatory guidance.
• The Consultant team will prepare an
outline with applicable references.
2025-07-15
Step 3.2
Special Consideration of Anadromous
Salmonids
• Consultant to interview City staff and
other professional expertise to consider
local habitat and options for fulfilling WAC
365-195-925
“Special consideration should be
given to habitat protection measures
based on the best available science
relevant to stream flows, water
quality and temperature, spawning
substrates, instream structural
diversity, migratory access, estuary
and nearshore marine habitat
quality, and the maintenance of
salmon prey species.”
2025-07-15
Step 3.3
Compose Draft BAS Technical Memorandum
The Consultant team will prepare:
1. Preliminary BAS Technical
Memorandum outline and reference
list
2. Draft BAS Technical Memorandum
for City staff review
3. Final BAS Technical Memorandum
that incorporates City comments
2025-07-15 2025-09-01
7
Grant Program: Salmon Recovery through Local Planning
Applicant: City of Tukwila
DRAFT
Page 6 of 10
Action/Steps/
Deliverables Description
A
&
B1
Start Date
(MM/YY)
End Date
(MM/YY)
Deliverable 3.3a
(to City) Draft BAS Technical Memorandum 2025-09-01
Deliverable 3.3b
(to Commerce) Final BAS Technical Memorandum 2025-09-22
TASK 4 Analysis of Current or Potential Ancillary City
Regulations and Programs
Step 4.1
Staff Analysis of Potential Ancillary
Regulatory and Program Options
• Evaluate existing City code and programs
to determine if possible impediments or
gaps to critical area regulation
effectiveness exist, and/or there are other
opportunities to enhance effectiveness.
• This analysis will include an inventory and
analysis of:
o Legally Non-Conforming Development
(LNCD) occurring in ECAs; and current
code allowances in LNCDs.
o Mitigation sequencing requirements;
nuisance tree regulations;
o iMap ECA mapping insufficiencies; and
o Incentives for high-value tree/grove
retention, and
o Canopy coverage;
o Impervious surface canopy coverage
achievement; and
o Insight and recommendations for code
amendments to address identified
deficiencies and develop strategies for
overcoming potential challenges to the
City adopting larger buffer widths.
2025-07-15
Deliverable 4.1a
(to
City/Commerce)
Staff to prepare final Summary of Potential
Ancillary Regulatory and Program Options
Analysis and recommendations for
Community Engagement and Review
Strategy
2025-10-31
TASK 5 Community Engagement
Step 5.1
Civic Engagement Plan
• The Consultant and City staff will develop
a civic engagement plan to lay the
foundation for understanding of the
Environmentally Critical Areas and Code
Regulations and the requirements of the
update.
2025-07-25 2025-12-15
8
Grant Program: Salmon Recovery through Local Planning
Applicant: City of Tukwila
DRAFT
Page 7 of 10
Action/Steps/
Deliverables Description
A
&
B1
Start Date
(MM/YY)
End Date
(MM/YY)
• Materials will be prepared by consultant
for the Tukwila City Council and
subsequent discussions.
• Planned community engagement events
include one general community meeting
prior to CAO adoption and several City
Council briefings.
Step 5.2
Community Educational Materials
(Consultant)
• Materials explaining the CAO and tree
canopy will be developed for use at the
public meeting and later
• Following adoption, public outreach
materials will be developed to focus on
understanding and application of the new
code, including postcard mailing with
individualized education of parcel level
canopy coverage statistics. Staff to
coordinate with consultant on which
materials are needed in Phase I and which
are needed in Phase II.
2025-07-25 2025-06-30
Deliverable 5.1a
(to City/
Commerce)
Public Meetings and Engagement products,
staff and consultant to develop:
• Materials needed for public meeting
and community engagement, including
basic summaries of CAO application, Q
& A materials, website text, and Council
document support
• The project will provide two mailings: a
postcard/mailing to property owners
with critical areas and to all property
owners regarding tree canopy
TASK 6 Drafting of Critical Area Ordinance Land Use
Code Amendments and Supporting Guidance
11/20/2025
Step 6.1
GAP Analysis
• Consultant will:
o Augment current CAO Gap Analysis,
and cross-reference with GMA
requirements to check for potential
deficiencies.
o Assessment topics to include
adequacy of habitat
connectivity/grove protections,
priority habitats, and whether City
should protect shallow ground water
9/1/25
9
Grant Program: Salmon Recovery through Local Planning
Applicant: City of Tukwila
DRAFT
Page 8 of 10
Action/Steps/
Deliverables Description
A
&
B1
Start Date
(MM/YY)
End Date
(MM/YY)
by identifying and protecting CAR
zones.
o Identify current CAO shortcomings
relative to City Comprehensive Plan
Environmental goals
o Evaluate regulatory mechanisms
(existing and recommended) should
be used to ensure desired results are
achieved
Deliverable 6.1a
(to City/
Commerce)
Draft all necessary agency checklists
(Commerce, WDFW)
2025-12-31
Deliverable 6.1b
(to City) Draft Gap Analysis 2025-10-20
Deliverable 6.1c
(to Commerce) Final Gap Analysis 2025-10-31
Step 6.2 Jurisdictional Comparison of CA and Tree
regulations
Deliverable 6.2a
(to City)
Comparative summary of area critical area
and tree regulations
Step 6.3
Case Law Summary by Consultant
• Guidance for the City to use in developing
an effective and legally defensible CAO
update, providing focus on:
1. Critical area, &
2. Legally non-conforming regulations.
2025-07-15
Deliverable 6.3a
(to
City/Commerce)
Final Case Law Summary
2025-10-31
Step 6.4
Draft Code and BAS Crosswalk
• The Consultant team will prepare a public
review draft CAO, identifying CAO
revisions and indicating the rationale for
proposed content.
• In order to ensure readability and clarity in
interpretation and application of
regulation, without losing the scientific
accuracy and purpose of the language,
review draft CAO language and processes.
• Staff to submit documents needed for 60-
day Commerce review
8/15/25
Deliverable 6.4a
(to City) Public review draft CAO (and crosswalk) 12/30/25
10
Grant Program: Salmon Recovery through Local Planning
Applicant: City of Tukwila
DRAFT
Page 9 of 10
Action/Steps/
Deliverables Description
A
&
B1
Start Date
(MM/YY)
End Date
(MM/YY)
Deliverable 6.4a
(to City) Final draft CAO (and crosswalk) 12/30/25
TASK 7 Adoption Support
Step 7.1
Presentation to City Council
• Support City staff in presenting the final
CAO amendments to the City Council.
This includes attending up to 3 Council
meetings to provide technical support
during the legislative process.
Step 7.2
Final CAO Land Use Code Amendment for
Adoption.
• Following all public deliberation and
hearings, Facet will prepare a final CAO
for adoption by City Council.
Deliverable 7.2a
(to
City/Commerce)
• Final CAO for adoption (to be adopted
earlier)
2025-12-15
PHASE 2: TREE CANOPY METHODOLOGY – GIS + INCENTIVE PROGRAM
TASK 8 GIS Data Pilot
Step 8.1 Staff to complete initial evaluation period of
new data and provide summary
Step 8.2
GIS Effectivity Test
• Staff to define evaluation criteria for
testing data effectivity.
• Staff to complete initial evaluation
period of new data and provide
summary. Staff to assess new data via
test-cases.
Deliverable 8.2a
(to City/
Commerce)
Staff to complete initial evaluation period of
new data and provide summary.
TASK 9
Identification of Canopy Protection Incentive
Program for Private Property Owners
6/30/2026
Step 9.1
Incentive Efforts Research
Consultant to
1. identify existing City voluntary canopy
protection/enhancement efforts and if
they could be used in Tukwila, and
5/30/2026
11
Grant Program: Salmon Recovery through Local Planning
Applicant: City of Tukwila
DRAFT
Page 10 of 10
Action/Steps/
Deliverables Description
A
&
B1
Start Date
(MM/YY)
End Date
(MM/YY)
2. research those offered by other
jurisdiction for City consideration; the
program may include incentives such as
development benefits, stormwater fee
rebates, etc.
This phase will integrate public input
received during previous phase.
Deliverable 9.1a
(To City/
Commerce)
Incentive Efforts/Programs Summary
6/30/2026
Task 10 Facilitation of Incentives Program Launch
Step 10.1
Facilitation Meetings
Consultant to facilitate 3-4 interdepartmental
City stakeholder meetings to launch the first
phase of developing the selected Tree
Canopy Incentive Program.
Deliverable
10.1a
(to City/
Consultant)
Consultant to provide a Phased Plan to form
and implement a Tukwila tree canopy
incentive program
6/30/2026
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