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HomeMy WebLinkAbout2004-11-23 Special MinutesCouncil Attendance: Officials: Discussion: City Council Meeting November 23, 2004 Tukwila Community Center Special Community of the Whole Meeting Present were Joe Duffie, Joan Hernandez, Pam Carter, Jim Haggerton, Pamela Linder, Dennis Robertson, Dave Fenton Steve Mullet, Mayor; Rhonda Berry, Steve Lancaster, Jack Pace, Lisa Verner, Carol Lumb, Sandra Whiting, Lucy Lauterbach; consultants Gary Schultz and Teresa Vanderburg The Council had questioned several items in their original review of the Sensitive Areas Ordinance (SAO), and staff had responded to those questions in Attachment A. Steve Lancaster led the Council through the Attachment, beginning with buffers. Issue 1 The discussions about buffers for watercourses and wetlands began with Attachment 1, which compared recommendations from staff, Planning Commission, King County, Burien, and Washington State Ecology, as well as Best Available Science ranges. Choices ranged from Planning Commission recommendations to keep the current size buffers, while Best Available Science and the State recommended the widest buffers. Staff recommendations steered a middle course between current and the more stringent buffers. A majority of Council members favored the staffs recommended buffers for both wetlands and watercourses, and two members favoring the Planning Commission buffer widths. The Council felt they were safe from legal challenges with the staff recommendations, but they were not overly restrictive either. Issue 2 On the question of pesticides Council agreed with staffs recommendation to delete references to pesticides /herbicides as they are regulated by state and federal standards. Issue 3 Wetlands for storm drainage. Staffs recommendation to require mitigation for using wetlands /watercourses as regional detention facilities, and not allow it on Types 1 and 2 watercourses or Type 1 wetlands. Issue 4 Filling mine shafts. Filling of abandoned mines was recommended to be added to the list of regulated activities. Issue 5 Exempting Small Wetlands. Tukwila, unlike larger more undeveloped cities, has very few large wetlands. The current standard of exempting wetlands of 1,000 feet Type 3 wetland was compared to the 2,500 feet standard in the draft ordinance. Gary Schultz, a wetland consultant who knows Tukwila's wetlands very well, said he didn't think there were any wetlands except those regulated or those under 1,000 feet. The Council recommended the 1,000 feet exception. Issue 6 Reduced Buffer Setback. The Council had discussed the need to protect buffers from directly adjacent development, though there was some variation on how much space was needed to protect buffers. Staff recommended ten feet as the shortest threshold for development next to a buffer. Commercial and industrial setbacks are 15 feet for buildings. Issue 7 Mitigation Location. Staff had proposed that a hierarchy of preference for replacement mitigation be first in the City, but outside the City if there were special circumstances. The DCD Director would make those decisions, and there would need to be a guarantee that any wetland or watercourse outside the City would remain protected as a wetland. The City Council concurred. Issue 8 Mitigation Timing. Replacing what was awkward draft language, the Council was pleased with proposed new wording. Staff said they would work to place that in the ordinance. Mitigation timing will preferably take place before development. Issue 9 Watercourse Rating System. State Natural Resources (DNR) came out with a rating system for watercourses in August, 2004. That was a little too late for staff, which developed its own rating system more appropriate to Tukwila's situation. A letter from Carol Lumb to DNR explained why we were using a specific system different from the state's system. Our rating system is easily understood by staff, and meets the Best Available Science(BAS) test. The City Council supported using a Tukwila- specific system that generally met the BAS standards. Issue 10 Definition Wetland Edge. Pam Carter had noted the use of the wetland edge and regulated wetland, and wanted a clarification. Wetland edge is used once in the SAO. Issue 11 Definition Regulated Wetland. This term is in definitions, but is not used in the body of the SAO. Rather than deleting it, staff recommended they add language in the SAO about Regulated Wetlands. The City Council agreed with their approach. The meeting concluded at 8:30 p.m.