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Tideflats Interim Regulations

Non-Interim Tideflats and Industrial Land Use Regulations

 

First Reading of Ordinance - November 9, 2021

The Council consideration of the "non-interim" ordinance is tentatively scheduled as follows: 

 

 Date Meeting Item
October 5, 2021  Study Session   Review IPS Recommendation
October 5, 2021  City Council   Meeting  Public Hearing (click for public notice)
October 12, 2021
 Study Session  Review public comments and discuss potential amendments
November 9, 2021  City Council   Meeting  First Reading of Ordinance
November 16, 2021  City Council   Meeting  Final Reading of Ordinance

 

City Council Public Hearing:

On August 30, 2021, the City Council Infrastructure, Planning and Sustainability Committee forwarded to the City Council its recommended modifications to the Planning Commission's proposed Tideflats and Industrial Land Use Amendments.

 

The City Council conducted a public hearing on October 5, 2021 on the IPS Committee's recommendations. Public comments and testimony are available here: 

 

Public Review Documents

 

IPS Review of the Interim Tideflats

IPS Review & Recommendation 

At the August 30, 2021, special meeting of the Infrastructure, Planning, and Sustainability Committee (IPS), the Committee prepared their final review and made their recommendations to the full City Council. The recommendations were presented to the full City Council on August 31, 2021.

 Read the Recommendations from IPS

 

Background 

Starting May 25, 2021, the Infrastructure, Planning, and Sustainability Committee will review the proposed Non-Interim Regulations and provide a recommendation to the full City Council no later than August 31, 2021.

Each meeting date will have individual topics as seen in the table below, as well as each meeting’s individual agenda, minutes, and audio recordings, as they become available. Written comment can be sent to IPSTideflats@cityoftacoma.org and are compiled at 3 PM the day of each meeting.

 

Date

Topic

Meeting Materials

May 26, 2021

Introduction

Agenda

Minutes

Audio

--

June 9, 2021

Fossil Fuel Expansion and Renewable Fuels

Agenda

Minutes

Audio

--

June 23, 2021

Fossil Fuel Expansion and Renewable Fuels

Agenda

Minutes

Audio

Written comment

July 7, 2021 - Special Meeting Fossil Fuel Expansion and Renewable Fuels Discussion Agenda Minutes Audio Written Comment

July 21, 2021

Special Meeting

Conditional Use Permits vs. Standard Permitting

Agenda

Minutes

Audio

Written comment

July 28, 2021

Hight Impact Uses and Chemical

Agenda

Minutes

Audio

Written comment

August 11, 2021

Residential Uses

Agenda

Minutes

Audio

Written comment

August 18, 2021 Special Meeting Agenda Minutes Audio Written comment

August 25, 2021

Government-Government Feedback

Agenda

Minutes

Audio

Written comment

August 30, 2021

Special Meeting

Review Agenda Minutes Audio Written Comment

 

 

City Council Public Hearing on April 27, 2021

This was the date set for a public hearing by the City Council on the Planning Commission’s recommended amendments to Titles 13 and 19 of the Municipal Code, entitled Land Use Regulatory Code and Shoreline Master Program, to replace Amended Ordinance No. 28470, Tideflats Interim Regulations.

 

Planning Commission Review and Documents

Planning Commission Recommendation for Non-Interim Ordinance

On April 7, 2021, the Planning Commission forwarded its Findings of Fact and Recommendations Report to the City Council for consideration. 

Background Documents

Public Scoping (Completed)

Following a public scoping hearing on December 2, 2020, the Planning Commission finalized a scope of work and process schedule to provide the City Council with recommendations by the end of March 2021. 

2021 Planning Commission Agenda Materials 

March 3 Planning Commission Public Hearing 

March 17 - Agenda Packet

 

April 7 - Agenda Packet 

 

Public Comment Map

Tideflats Public Scoping Map: Use this map to explore existing conditions, One Tacoma Plan policies, and use the comment feature to comment on potential amendments or to identify specific areas of concern. 

 

Periodic Reporting on Permit Activity and Fossil Fuel Trends

To support the City Council's deliberations concerning the Tideflats Interim Regulations, the following report on permit activity and fossil fuel trends was presented to Council at the September 22, 2020 Study Session.

 

Legislative Background

Legislative Background

Adopted on November 21, 2017, the Tideflats Interim Regulations, Amended Ordinance No. 28470, includes the following elements:

  • Category 1: Expanded public notification of heavy industrial use permits;

  • Category 2: Temporary prohibition of new non-industrial uses in the Port of Tacoma Manufacturing and Industrial Center;

  • Category 3: Temporary prohibition of new residential development along Marine View Drive and NE Tacoma slopes; and

  • Category 4: Temporary prohibition on certain types of new heavy industrial uses.

Since the initial adoption of the Interim Regulations in 2017, the Council has taken the following actions to extend the ordinance:

  • November 13, 2018: Ordinance No. 28542 – 6-month Extension

  • May 21, 2019: Ordinance No. 28582 – 6-month Extension

  • November 12, 2019: Ordinance No. 28619 – 6-month Extension

  • May 19, 2020: Ordinance No. 28671 - 6-month Extension

  • October 20, 2020: Ordinance No. 28696 - 6-month Extension

Interim Regulations Reauthorization - Current Process

 

Public Hearing on Proposed 6-Month Extension of The Interim Regulations

A public hearing will be held on Tuesday, September 29, 2020, upon completion of the regular agenda items, no earlier than 5:15 p.m., on the proposed six-month extension of the Interim Regulations relating to the Tideflats Subarea Planning process.

 

To comply with Governor Inslee's Emergency Proclamation, and the City Council's directive approved July 28, 2020, to continue virtual meetings through September 30, 2020, this meeting will not be conducted in-person and will have telephonic and virtual access for the public to attend.

 

The City Council meeting can be heard by dialing 253-215-8782 or through Zoom at www.zoom.us/j/89027150863 and entering the meeting ID 890 2715 0863, when prompted.

 

How to Provide Oral Comments

Oral comments can be made at the City Council meeting. Sign up to speak by clicking the ‘Raise Hand’ button at the bottom of the Zoom window or press *9 on your phone.

 

How to Provide Written Comments

Written comments are highly encouraged. To submit a comment:

Tentative Schedule for City Council Consideration

  • October 6: City Council Study Session

  • October 13: First Reading of Ordinance 

  • October 20: Final Reading of Ordinance

Summary of the Ordinance

The City Council, on November 21, 2017, passed Amended Ordinance No. 28470, establishing interim regulations for the Tideflats and other heavy industrial zoning districts. The Interim Regulations do the following:

  1. Expand public notification for heavy industrial uses Citywide that require a SEPA determination or discretionary permit;
  1. Place a pause on the development of certain new non-industrial uses within the Port of Tacoma Manufacturing and Industrial Center;
  2. Place a pause on new residential development along the Northeast Tacoma shoreline as well as platting and subdivision of land on the slopes along Marine View Drive; and
  3. Place a pause on the development of certain new heavy industrial uses Citywide.

Since the initial adoption of the Interim Regulations in 2017, the Council has taken the following actions to extend the ordinance:

  • November 13, 2018: Ordinance No. 28542 – six-month extension
  • May 21, 2019: Ordinance No. 28583 – six-month extension
  • November 12, 2019: Ordinance No. 28619 – six-month extension
  • May 19, 2020: Ordinance No. 28671 – six-month extension

The current ordinance is set to expire on December 2, 2020.

 

Prior Extensions

Six-month Extension Approved May 19, 2020

On May 19, 2020 the City Council approved Ordinance No. 28671, extending the Tideflats Interim Regulations for an additional six-months, without modification. 

 

Six-month Extension Approved Nov. 12, 2019

On November 12, 2019, the City Council approved Ordinance No. 28619, extending the Tideflats Interim Regulations for an additional six-months, without modification. 

Six-month Extension Approved May 21, 2019

 

On May 21, 2019, the City Council approved a six-month extension of the Tideflats Interim Regulations. 

 

Six-month Extension Approved November 13, 2018

 

The six-month extension of the Tideflats Interim Regulations was approved without modification on November 13, 2018. 

On October 30, 2018, the City Council conducted the First Reading of Ordinance No. 28542, which would extend the Interim Regulations for six-months. In addition, a Substitute Ordinance was introduced that would modify the Interim Regulations in the following way: 

The Ordinance was held over for Final Reading on November 13, 2018. The Substitute Ordinance was introduced but not voted on. The Substitute Ordinance will be considered at Final Reading. Public comment will be accepted on this agenda item. The proposed substitute is provided below: 

Substitute Ordinance 

 

Public Hearing

The City Council conducted a public hearing on October 23, 2018 on the proposed extension of the Tideflats Interim Regulations. More than 60 people testified at the hearing. 

Read the Weekly Report summarizing the public testimony. 
Watch the public hearing

Read the Public Hearing Notice.

 

Background Materials: 

About the Interim Regulations

On May 9, 2017, the Tacoma City Council adopted Resolution No. 39723 initiating a subarea planning process for the Port/Tideflats. The Council also directed the Planning Commission to immediately begin the discussion on the need for interim regulations while the subarea planning process is underway.

 

For more information: 

Background Materials: 

About the Interim Regulations

On May 9, 2017, the Tacoma City Council adopted Resolution No. 39723 initiating a subarea planning process for the Port/Tideflats. The Council also directed the Planning Commission to immediately begin the discussion on the need for interim regulations while the subarea planning process is underway.

 

For more information: 

Initial Adoption of the Interim Regulations

Initial City Council Adoption of the Interim Regulations

On November 21, 2017, the City Council adopted Ordinance No. 28470. The Final Ordinance approved by Council includes several amendments to the Planning Commission's Recommendation. These are summarized below. 

 

Amended Ordinance No. 28470

Frequently Asked Questions

 

At First Reading of Ordinance on November 14, 2017, the Council approved four motions amending the proposed Interim Regulations. These amendments were included in the Final Ordinance and approved by Council on November 21: 

  1. The initial duration of the Interim Regulations was extended from six months to one year.
  2. Smelters were added to the list of uses restricted under the Interim Regulations.
  3. The uses subject to Interim Regulations were clarified as applying only to primary uses (business activities), and not to secondary uses (related support activities).
  4. Existing uses were removed from the scope of the interim regulations.

First Reading of Ordinance

On November 14, 2017, the City Council considered the following Ordinance and Exhibits as recommended by the City of Tacoma Planning Commission: 

Additional materials were provided to Council in preparation for First Reading, including: 

City Council Public Hearing - October 17, 2017 

On October 17, the City Council conducted a public hearing at the Pantages Theater on the Planning Commission's recommendation for the Tideflats Interim Regulations. Those wishing to provide written comments may submit them to the City Clerk’s Office at cityclerk@cityoftacoma.org or 733 Market Street, Room 11, Tacoma, WA 98402.  

Planning Commission Recommendation: 

Planning Commission Review

October 4, 2017
September 20, 2017
September 13, 2017 - Planning Commission Public Hearing

On August 16, the Planning Commission released draft Tideflats Interim Regulations for public review and comment and set a public hearing for September 13, 2017 at 6 PM at the Greater Tacoma Convention Center, Exhibition Hall A. Public comments were accepted through September 15, 2017 at 5 PM. 

Public Hearing Information

    Informational Meeting on September 6, 2017

    To learn more about the proposed interim regulations, there was an informational meeting on September 6 in City Council Chambers.  

     

    Staff Presentation 

     

    August 16,2017

    The Planning Commission reviewed the following draft materials

     

    August 16, 2017 Planning Commission Agenda Packet

    Staff Presentation

    Written Comments

     

    August 2, 2017

    The Planning Commission began reviewing draft findings of fact and potential options for interim regulations. 

     

    August 2, 2017 Planning Commission Agenda Packet 

    Staff Presentation

    Written Comments

     

    June 21, 2017

    The Planning Commission began their deliberations and determined that interim regulations may be warranted. 

     

    Planning Commission Agenda Packet

    Planning Commission Presentation

     

    For more information on the Planning Commission, including meeting times and locations, please visit the Planning Commission web page. 

     

    Planning Contact

    Stephen Atkinson
    Principal Planner
    Email

     

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