2012/12/18 Council Agenda Packet

Exhibit A to Ordinance No. • Central Waterfront Redevelopment Plan above in section G.2. and discussed further below, for non-water-dependent development to the extent allowed by law in the review of all shoreline permits with some exceptions. It requires that public access be provided on site, except for projects that meet one of the following specific criteria, including,but not limited to, • The project is in the Deep Water Port Environment(Kimberly-Clark mill site is in this enviromnent) or • The provision of public access would result in an unavoidable health or safety hazard to the public that cannot be prevented by any practical means. The applicant must demonstrate that the health or safety hazards cannot be mitigated through the application of alternative design features or other solutions such as regulating access by such means as maintaining a gate and/or limiting hours of use; designing separation of uses and activities (e.g. bridges,pedestrian overpasses or underpasses, fences,terracing,use of one-way glazing,hedges, landscaping,etc.). Projects that meet these exceptions must construct off-site public access improvements or contribute to a fund to construct off-site improvements. • The provision of public access would result in significant environmental harm, and the impact cannot be mitigated. • The provision of on-site public access is not practical(e.g., small or odd-shaped lots,lots where functional requirements of the primary use would hinder access). • More meaningful access that is better than that provided by the application of the goals, objectives and policies of this plan can be provided off-site. • Everett's SMP also requires that water-enjoyment uses and nonwater-oriented uses that front on the shoreline provide continuous public access along the entire site's shoreline. Everett's SMP includes a variety of standards for public access and requires that when a project is located within an area covered by an adopted public access plan,public access improvements shall be generally consistent with the adopted plan. The City's SMP,adopted in 2002, and Shoreline Public Access Plan, adopted in 2003,did not anticipate redevelopment of the Kimberly-Clark site. The Kimberly-Clark site is designated Deep Water Port, so it would not be required to provide on-site public access under the current SMP,unless uses include water-enjoyment and/or nonwater-oriented uses in the shoreline area. Water-enjoyment commercial uses are permitted in the Deep Water Port Environment and would be required to provide on-site access if proposed. The specific public access improvements to be provided under any alternative will be established at time of review of shoreline permits based upon the nature of any use that is proposed within the 200 foot jurisdiction of the Everett Shoreline Master Program,the policies and regulations in this adopted plan,and the SMP requirements in effect at the time. The future use, operational safety needs, location of development on the site, and specific design measures will be evaluated 16 22