2005/08/10 Council Agenda Packet

WHEREAS, the SMP and proposed amendments are based upon best available science for Everett's shoreline critical areas, as documented in the science and recommendations in reports, including, but not limited to, Buffers for Streams in Shoreline Jurisdiction(Pentec),the Snohomish Estuary Wetland Integration Plan(SEWIP), and the SEWIP Salmon Overlay; and WHEREAS, the Planning Commission finds that the proposed amendments to the Comprehensive Plan, including the addition of the Shoreline Restoration Element, amendments to the management policies for the Marshland agricultural area, and modifications to the table identifying consistent comprehensive plan, zoning and SMP designations 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. • New Shoreline Master Program Guidelines became effective in January 2004 (Chapter 173-26 WAC). • The Washington State Legislature passed ESHB 1933, relating to the integration of shoreline management policies with the growth management act, which took effect in July 2003. • The City engaged in discussions with WEC and ESC and reached a settlement agreement on the SMP appeal which requires amendments to the SMP. 2. New information is available which was not considered at the time the SMP and Comprehensive Plan were adopted, that justifies a change to the Comprehensive Plan. The new information considered in the proposed amendments includes the Central Puget Sound Growth Hearings Board Decision, ESHB 1933, the 2004 Shoreline Master Program Guidelines, and the Snohomish River Basin Salmon Recovery Plan. 3. The proposed change in policy promotes a more desirable growth pattern for the community as a whole. The Restoration Element provides information to property owners and developers that can be useful in evaluating options for property development/restoration. The amendments regarding the Marshland properties allow on- going activities to continue,while providing for more detailed restoration/ land use planning. 4. The proposed policy changes are consistent with other existing plan policies. The SEWIP and SEWIP SO were incorporated by reference into the SMP and Comprehensive Plan. The proposed Shoreline Restoration Element is based upon that information, as well as information provided in the Snohomish River Basin Salmon Recovery Plan. The amendments to the Marshland designation are consistent with the Comprehensive Plan map designations and policies. WHEREAS, the Planning Commission finds that the proposed amendments are consistent with the GMA requirements for incorporating Best Available Science (RCW 36.70A.172); and