Ordinance 2707-03 - Laserfiche WebLink

WHEREAS, the State Legislature enacted the Shoreline Management Act requiring cities and counties throughout the state to adopt and amend from time to time shoreline master programs; and WHEREAS, the Growth Management Act, RCW 36.70A.580, provides that the goals and policies of the shoreline master program shall be considered an element of the City's comprehensive plan, and the other portions of the shoreline master program shall be considered part of the City's development regulations; and WHEREAS, the Planning Commission held a workshop and two public hearings on the proposed amendment and recommended that the City Council adopt the proposed revision; and WHEREAS, the City Council has conducted a public hearing to review the recommendations of the Planning Commission and to take additional public testimony; and WHEREAS, the City Council finds that the proposed amendments to the SMP to allow piers and docks for transportation facilities of statewide significance in the Aquatic Conservancy environment through a conditional use permit are consistent with the Shoreline Management Act priorities for shorelines of statewide significance, as follows: 1. The amendment will limit transportation facilities in the Aquatic Conservancy environment to those that qualify as facilities of statewide significance; 2. The Conditional Use Permit requirement for piers and docks in the Aquatic Conservancy shoreline environment provide for environmental and public use protections by requiring compliance with the following criteria: • That the use will not interfere with the normal public use of public shorelines. • That the use of the site and design of the project will be compatible with other authorized uses in the area and with uses planned for the area under the Comprehensive Plan and Shoreline Master Program. • That the proposed use will cause no significant adverse effects to the Shoreline environment in which it is to be located. • That the public interest suffers no substantial detrimental effect; and WHEREAS, the City Council finds that the amendment to allow piers and docks in the Aquatic Conservancy environment is consistent with the criteria for revisions to the Zoning Code text, as follows: • 1. The proposed amendment is consistent with the applicable provisions of the Everett general plan. The Growth Management Act, RCW 36.70A.200(1) requires that comprehensive plans include a process for identifying and siting essential public facilities, including state or regional transportation facilities as defined in RCW 47.06.140. The Comprehensive Plan revisions that implement the SMP update (Ordinance No. 2705-03) added a definition of transportation facilities of statewide significance, consistent with RCW 47.06.140.