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HomeMy WebLinkAboutWS 2026-04-06 Item 3A - Ordinance - Critical Areas UpdateCity of Tukwila Thomas McLeod, Mayor Marty Wine, City Administrator AGENDA BILL ITEM NO. 3.A. Agenda Item Sponsor Neil Tabor, Senior Planner Legislative History April 6, 2026 Regular Meeting Critical Area Ordinance Update 1 Recommended Motion ❑x Discussion Only ❑ Action Requested MOVE TO N/A EXECUTIVE SUMMARY The Growth Management Act (GMA) requires all cities and counties in Washington to adopt regulations protecting "critical areas", which include wetlands, aquifer recharge areas, fish and wildlife habitat conservation areas, frequently flooded areas, and geologically hazardous areas. The intention of these regulations is to preserve the natural environment, wildlife habitats, and sources of fresh drinking water, while also encouraging public safety by limiting development in areas prone to natural hazards. The Washington GMA requires Tukwila to update its Comprehensive Plans and implement updated development regulations every 10 years (RCW 36.70A.130), which includes, if needed, its Critical Areas Ordinance (CAO). Tukwila adopted an updated Comprehensive Plan on December 16, 2024, with a requirement to adopt updated critical area development regulations by December 31, 2025. After delays in securing grant funding the City is now working to update its CAO accordingly. DISCUSSION The presentation will include an overview of the CAO update process, anticipated timelines, public outreach plans, and where the City is currently in the process. ATTACHMENTS • Presentation 2 ritical Areas Ordinance (CAO) Update Kyle Cotchett & Kim Frappier April 6, 2026 3 1. Introductions • Team Introductions • What are Critical Areas 2. Project Description • Background • Update Process 3. Project Details • Best Available Science • Gap Analysis 4. Project Timeline • Public Engagement • Local Adoption S FACET 4 What are Critical Areas State Definitions: WAC 365-196-485 • Wetlands • Areas with a critical recharging effect on aquifers used for potable water • Frequently flooded areas • Geologically hazardous areas • Fish & wildlife habitat conservation areas Local Definitions: TMC 18.06 • Watercourse • Wetlands • Areas of potential geologic instability • NOTE: Critical aquifer recharge areas (CARAs) are not currently included in the City's CAO • 1 • p r • • • FACET 5 Project Background Purpose of the Critical Areas Update • State Law/Growth Management Act (RCW 36.70A.060 and RCW 36.70A.170) • Ensure use of Best Available Science (RCW 36.70A.172) • Previous CAO update adopted March 2, 2020 • Policy Alignment - City Comprehensive Plan Policies • Critical Regulations in the City's Municipal Code (TMC 18.45) • State deadline December 31, 2025 FACET 6 Best Available Science • WAC 365-190-080(2) requires that Counties and cities must include the best available science when designating critical areas and when developing policies and regulations that protect critical areas. • Must give special consideration of anadromous fisheries and are encouraged to protect both surface and groundwater resources. 7 No Net Loss WAC 365-190-080(1) Counties and cities must protect critical areas. Counties and cities required or opting to plan under the act must consider the definitions and guidelines in this chapter when designating critical areas and when preparing development regulations that protect all functions and values of critical areas to ensure no net loss of ecological functions and values. 8 Gap Analysis Key Areas • Purpose and Administrative Provisions (TMC 18.45.010 —18.45.075) • Wetlands (TMC 18.45.080 —18.45.090) • Watercourse (TMC 18.45.100 —18.45.110) • Areas of potential geologic instability (TMC 18.45.120 — 18.45.140) • Fish and Wildlife Habitat Conservation Areas (TMC 18.45.150) • Special Hazard Flood Areas (TMC 18.45.155) PA FT O/ f �x n e o C/Tr Op� 'dp �^`te 9 CAO Update Timeline City Council CAO Introduction / 1st In -person Public Open House/ BAS and Gap Analysis 60 Day Notice and Public Comment Period / 2nd In -person Public Open House 60 Day Notice and Preliminary Public Comment Draft Code Period (continued) /2nd City Council Work Session APR MAY JUN JUL City Council Public Hearing City Council Adoption! AUG SEP FACET 10 Critical Area Update Website https://TukwilaWA.gov/Critical Areas 12