Ordinance 3129-09 - Laserfiche WebLink

WHEREAS,the Subarea Plan ensures the protection of utilities and transportation infrastructure in the Subarea; and WHEREAS,the Subarea Plan provides for new residential uses in the Rural Flood Fringe District along Larimer Road where property owners can comply with City development regulations, and Snohomish Health District requirements if septic systems are needed; and WHEREAS,the Subarea Plan proposes relocating the pump station and providing passage around or through the pump station, potentially significantly reducing ESA liabilities to the stakeholder properties, the Marshland Flood Control District and the NRCS; and WHEREAS, construction of a new pump station, associated gates, and fish passage facilities using new technology is also anticipated to reduce the cost of operating the pump station, resulting in a more reliable facility to serve the remaining agricultural properties; and WHEREAS,the Subarea Plan provides flexibility to achieve the desired outcomes by providing present and future property owners a variety of options regarding land uses on and/or sale of properties; allowing phasing of restoration; allowing modification of restoration areas to help reduce restoration costs; and by allowing the modification of restoration concepts, location of trails and location of passive recreation areas based on results of future on-site studies, design development, estimated costs, environmental permitting, regulations, future transportation studies, hydraulic modeling and community input; and WHEREAS,the City Council conducted a public hearing to review the recommendations of the Planning Commission and to take additional public testimony; and WHEREAS, notice was provided consistent with the requirements of RCW 36.70A.106, RCW 36.70A.140, WAC 173-26-100, RCW 90.58.130, and WAC 173-26-201; and WHEREAS,the City Council finds that the proposed amendments are consistent with the Shoreline Management Act (RCW 90.58) and SMP Guidelines (Chapter 173-26 WAC); and WHEREAS,the City Council finds that the proposed amendments to the Shoreline Master Program and Comprehensive Plan are consistent with the criteria for amendments to the Comprehensive Plan policies, as follows: 1. Circumstances related to the subject policies have changed sufficiently since the adoption of the plan to justify changes to the policies. Following adoption of the SMP by City Council and the Department of Ecology in 2002, the following circumstances changed: • The SMP was appealed to the Central Puget Sound Growth Hearings Board and the Board's decision was subsequently appealed to the Court of Appeals. • The City engaged in discussions with WEC and ESC and reached a settlement agreement on the SMP appeal which requires preparation of a subarea plan for the Marshland area. • The Washington State legislature provided funding for preparation of the Subarea Plan. 4