2004/05/05 Council Agenda Packet

Staff Report Amendment to the Shoreline Master Program Ordinance for the North Marina Area Background: On September 17, 2003 City Council passed an ordinance allowing non water-dependant uses in the 200 foot shoreline jurisdiction in the North Marina development area. The overall action, of which the SMP amendment was a part, is referred to as the North Marina Planned Development Overlay zone. At this time the Port of Everett and Maritime Trust are moving forward with development of the project and accomplishing the environmental studies. They are awaiting final approval from the State of the SMP portion of the project so they can be assured the development activity can be done as they desire. The Shoreline Master Program amendment is an action that requires approval by the State Department of Ecology before it can become finalized, as recognized in the Council's original North Marina SMP amendment (Ordinance 2713-03, attached). After Council approved ORD 2713-03, Ecology was notified and provided a copy of the Ordinance for its review and approval. The City received a response from Ecology in which they said they found "minor" issues and offered certain "suggested changes," summarized as follows: 1. Modify the Purpose chapter of Section 4.4 to bring it in line with the City's amendments to the Vision Statement for the same Section. In short this is a request to add non water-oriented commercial uses to the purpose of the Maritime Zone (in the North Marina area only). 2. In Table 5.1 of Section 4.4 we are asked to amend footnote 15 to add "commercial" uses, simplify the language a little, and refer the reader to a new map showing the area where footnote 15 applies (the North Marina area). 3. Add the subject map to the SMP (attached) as Figure 5.1. Requested Action: City Council is asked to approve the amendment to Ordinance 2713-03 as proposed in the amended Ordinance. Consequences of Requested Action: Notice of City Council approval of the Ordinance amending Ordinance 2713-03 would be provided to Department of Ecology and the public. Ecology would then open a 60 day appeal period. If substantive appeal fails to appear, then the City amendment to the SMP would become affective.