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HomeMy WebLinkAboutSpecial 2009-12-14 Item 3E - Shoreline Master Program (SMP) - Council Agenda Synopsis (CAS) and MemorandumCAS NUMBER: 09 -170 SPONSOR'S SUMMARY REVIEWED BY Fund Source: Comments: MTG. DATE 07/24/08 03/23/09 04/20/09 11/23/09 MTG. DATE 11/23/09 1 12/7/09 EXPENDITURE REQUIRED 12/14/09 COW Mtg. Utilities Cmte Meeting Date 11/23/09 12/07/09 12/14/09 COUNCIL AGENDA SYNOPSIS CA &P Cmte Arts Comm Initials Prepared by Mayor review JP JP JP F &S Cmte Parks Comm. COST IMPACT FUND SOURCE AMOUNT BUDGETED Coouncz review r ialL ITEM INFORMATION 1 ORIGINAL AGENDA DATE. NOVEMBER 23, 2009 ITEM No. S Ptc 3_ E AGENDA ITEM TITLE Four ordinances adopting a new Shoreline Master Program, revisions to Comprehensive Plan policies on the shoreline, a new shoreline overlay disctrict, TMC 18.44 to replace the existing 18.44, and new definitions to be added to TMC 18.06. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Date 11/23 12/7 Mtg Date Mtg Date Mtg Date 12/14/09 Mtg Date Mtg Date 4/20/09, Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW The council has held ten work sessions over the past five months to consider the Planning Commission recommended Shoreline Master Program (SMP). The Council has made revisions to this draft which are reflected in the revised SMP, the revised Comprehensive Plan policies, a new TMC 18.44, the Shoreline Overlay district of the Zoning Code, and new or revised definitions to be added to TMC 18.06. The Council is being asked to consider and approve these ordinances and the new Shoreline Master Program. Transportation Cmte Planning Comm. DAII✓: 10 work sessions over the past 5 months, concluding 11/17/09 RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development COMMITTEE Ten Council work sessions to review SMP 7/07/09 11/17/09 APPROPRIATION REQUIRED RECORD OF COUNCIL ACTION Joint City Council /Planning Commission briefing on staff recommended SMP Committee of the Whole briefing on Planning Commission recommended Draft SMP Public Hearing Forward to December 7 Regular Meeting for continued discussion ATTACHMENTS Informational Memorandum dated 11/19/09 Four SMP Ordinances, attachments and draft Cumulative Impacts Analysis Informational Memorandum dated 12/02/09 Ordinance #1 and revised pages from Shoreline Master Program Ordinance #2 and revised Comprehensive Plan policies Revised Ordinance #3 and matrix identifying and explaining changes Summary of Comments received at November 23 C.O.W., per Council request Informational Memorandum date wi to attached t;umu f ti ve Impacts g 3 Analysis and 4 Ordinances in final form 34 ISSUE BACKGROUND DISCUSSION City of Tukwila INFORMATIONAL MEMORANDUM Jim Haggerton, Mayor TO: TUKWILA CITY COUNCIL FROM: Carol Lumb, Senior Planner DATE: December 10, 2009 SUBJECT: Shoreline Master Program Ordinances and Cumulative Impacts Analysis Attached you will find four ordinances related to adoption of the City's Shoreline Master Program and the Cumulative Impacts Analysis required by the Department of Ecology. The Council provided direction on revisions to three of the ordinances at its meeting on December 7, 2009 which are reflected in the materials in your packet and discussed below. There were no revisions to the fourth ordinance, adopting new definitions for TMC 18.06, the definitions chapter of the Zoning Code. Review of the Draft Shoreline Master Program (SMP) Update began on July 24, 2008 with a joint City Council /Planning Commission briefing on the major aspects of the proposed program. The Planning Commission then met over a period of six months during which it reviewed the document in detail, held three Open Houses and conducted a public hearing on August 2, 2008 that was continued to October 9, 2008 to allow additional time for public review and comment of the document. The Planning Commission approved a Shoreline Master Program on February 5, 2009 and forwarded it to the Council for its review. Another Open House was held on Wednesday, March 25, 2009 for interested parties to obtain information about the Planning Commission Recommended Shoreline Master Program. The City Council was briefed on the Planning Commission Recommended Draft SMP March 23, 2009 and then met from July 7, 2009 to November 17, 2009 for a total of ten work sessions to review the Planning Commission Recommended SMP. The work sessions were concluded on November 17, 2009 and staff was directed to prepare ordinances to adopt and implement a new shoreline master program. The Council reviewed four draft ordinances at the Committee of the Whole meeting on November 23, 2009 and also heard public comments on the SMP at this meeting. The Council continued its review of the ordinances at its meeting on December 7, 2009. At both meetings the Council provided direction to staff on revisions to make to the ordinances. Over the past six months, Councilmembers have also met with staff and the City Attorney to discuss various issues related to the shoreline. The four ordinances are attached and reflect direction provided by the Council to staff to -date as follows: Ordinance #1 is the ordinance adopting the Shoreline Master Program. Attached to this ordinance are the pages from the SMP that have been revised as a result of Council action on 11/23/09 and 12/7/09. The changes discussed at the 12/7/09 meeting have been accepted the only revisions (shown in strikeout/underline) relate to Sections 8.2 1.h, 8.3 1.h, and 8.4 1.h. to correct the reference to the levee regulations and in Section 14.5, A. 7. revisions provided by 35 INFORMATIONAL MEMO Page 2 City Attorney Bob Sterbank. No revisions were made to the ordinance text at either the 11/23/09 or 12/7/09 meeting. Ordinance #2 is the ordinance that adopts revisions to the Shoreline Element of the Comprehensive Plan. Attached to the ordinance are the policies from the Comprehensive Plan Shoreline Element with the changes directed at the 12/7/09 meeting accepted. No revisions were made to the ordinance text at either the 11/23/09 or 12/7/09 meeting. Ordinance #3 is the ordinance that adopts shoreline regulations (it will become the new Shoreline Overlay District and replace the current TMC 18.44). The revised ordinance is attached. The revisions are found in: 1) 18.44.130 E. 2.g., and 3. as presented by City Attorney Bob Sterbank at the 12/7/09 meeting and 2) in 18.44.130 E. 4 correcting the permit process to be used for time extension requests. Ordinance #4 is the ordinance that adopts new definitions to be added to TMC 18.06, the definition section of the Zoning Code. No revisions have been made to this ordinance. The Council will have an opportunity to hear from interested individuals again at the Special Meeting on December 14, 2009 and will have an opportunity make further changes to the ordinances. RECOMMENDATION The Council is being asked to approve the four ordinances and the respective attachments adopting a new Shoreline Master Program for the City, revised Comprehensive Plan shoreline policies and shoreline regulations and definitions. The ordinances were first considered at the Committee of the Whole meeting on November 23, 2009, and at the Regular Council meeting on December 7, 2009. Attachments: Cumulative Impacts Analysis Ordinance #1 and attached revised pages from the Shoreline Master Program Ordinance #2 and revised Comprehensive Plan policies Ordinance #3 revised Ordinance #4 shoreline definitions 36 W12009 InfoMemos \SMP12- 14- 09.doc