Ordinance 3202-10 - Laserfiche WebLink

Ecology directed comment: The Department of Ecology's participation on the Marshlands stakeholder committee failed to promote more improvised planning in the development of the sub-area plan. Ecology's Response: Ecology participated on the stakeholder committee as one of a number of resource management agencies and also in the capacity of overseeing the State grant that funded the Marshlands Subarea planning process.The SMP settlement agreement required the City to develop a subarea plan that emphasized habitat restoration and other land use alternatives.The plan's inclusion of significant tidal restoration areas recognizes the value of this habitat to fish and wildlife as well as,improving estuarine functions in the lower Snohomish River. Specific project designs for each plan phase will be addressed in the future when implementation funding is more certain.Project designs will need to take into consideration site specific and river and estuarine processes to increase the chance of long-term success and benefit. Summary of Issues Identified by Ecology as Relevant To its Decision: Application of the April 2006 City Critical Areas Regulations to the Marshlands Subarea The City has chosen to incorporate their April 2006 Critical Areas Regulations to the SMP. The 2006 CAO would only apply in the Marshlands Subarea. The 2003 environmental sensitive areas ordinance would still apply to all other city shorelines.Inclusion of the CAO reasonable use provision in the SMP amendment conflicts with the Shoreline variance permitting process in the State Shoreline Mgt.Act Specifically RCW 90.58-140 (10)(Development Permits). As part of the required changes Section 2.1 Components of the Shoreline Master Program will incorporate the City ordinance number and adoption date of the 2006 Critical Areas Ordinance into item A.7. It will also list out EMC 19.37.050 B (Reasonable Use Exception) as a SMP exception as followings"With the exception of the following subsections EMC 19.37.050 B (Reasonable Use Exception) Addresses 2004 SMP Settlement agreement requirement to develop the Marshlands Subarea Plan and incorporate the plan into the SMP. The Settlement Agreement was entered into between the Washington Environmental Council ("WEC"),the Everett Shoreline Coalition,Libby Johnson,the Pilchuck Audubon Society,People for Puget Sound(hereafter"ESC"),the City of Everett(the "City"),the Washington Department of Ecology("Ecology"), and the Port of Everett(the "Port"). 6