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HomeMy WebLinkAboutCOW 2011-08-08 Item 3B - Shoreline Master Program - Council Agenda Synopsis and MemorandumCO UNCIL AGENDA SYNOPSIS Meeting Date Prepared by 6/27/11 I CL 7/25/11 I CL 8/08/11 I CL 8/15/11 I CL Initials ITEM NO. Mayors review Council review LAM 3.B. ITEM INFORMATION I CAS NUMBF-R: 11 -064 (STAFF SPONSOR: JACK PACE ORIGINALAGENDA DATI 6/27/11 AGENDA ITI TrrLI- Department of Ecology (Ecology) Required Changes to Tukwila Shoreline Master Program (SMP) CATEGORY SPONSOR SPONSOR'S SUMMARY Discussion Motion Resolution Ordinances Bid Award Public Hearing Vo kSession ,A/It g Date 6 -271 �qtg Date Mig Date Mtg Date 8115111 Mtg Date tllltg Date 6- 2717 -25 Mtg Date 5111111 7- 25/8 -8 Council Mayor HR DCD Finance Fire IT P&R- Police PWI Rry a �c rD BY Ecology requires changes to the City's SMP and implementing regulations before the SMP can receive state approval. The required changes include adding: more detailed maps, a use matrix, an aquatic shoreline environment, sign standards; modifying certain permitted uses; and clarifying building height standards. A public hearing was opened 6 -27 -11 continued to 7 -25 -11 for testimony on the required changes; the hearing was closed and staff directed to identify housekeeping items within the scope of DOE's changes. COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 05 -11 -11 WORK SESSION COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR /ADMIN. Department of Community Development COMMI'1 fFM Consensus to Move Forward to Public Hearing COST IMPACT FUND SOURCE ExPI NDITUR:E RI3QUIRIsD AMOUNT BUDGETED APPROPRIATION REQUIRED $N /A Fund Source: Conzznents: I MTG.DATEI RECORD OF COUNCIL ACTION 5/11/11 Council Work Session on Ecology Required and Recommended Changes to SMP 6/27/11 Public Hearing on SMP ordinances; Council continued public hearing to7/25/11 7/25/11 Public Hearing reconvened, testimony accepted, public hearing closed, forward to 8/8/11 MTG. DATE I ATTACHMENTS 8/08/11 I Informational Memorandum dated 8/3/11 Updated Preliminary List of Housekeeping Items to date Updated Summary of Testimony from 6/27/11 and 7/25/11 Public Hearings Revised Ordinance Repealing Ordinance 2269 adopting a new SMP Revised Ordinance Repealing Ordinance 2270 adopting shoreline goals and policies Revised Ordinance Repealing Ordinance 2271 establishing new shoreline regulations Revised Ordinance Repealing Ordinance 2272 establishing definitions 21 22 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: FROM: DATE: SUBJECT: ISSUE Mayor Haggerton Members of the City Council Jack Pace, Community Development Director August 3, 2011 Council Committee of the Whole Meeting on Ecology Required and Recommended Revisions to City Adopted Shoreline Master Program Should the City adopt new ordinances incorporating the Department of Ecology required and some recommended changes to the Shoreline Master Program as well as housekeeping items that fall within the scope of the Ecology required or recommended changes? BACKGROUND Adoption of a local jurisdiction's shoreline master program is a joint effort between that jurisdiction and the Washington Department of Ecology (DOE). After a multi -year process, the Tukwila City Council adopted a new Shoreline Master Program (SMP) on December 14, 2009. The SMP was then submitted to the Department of Ecology for its review and approval on January 22, 2010. The Department of Ecology conducted its own review process on the City's SMP and then notified the City of required and recommended changes to the SMP in order to receive state approval. These changes are generally technical in nature. The City Council held a work session on May 11, 2011 to review the required and recommended changes. A public hearing was opened on June 27, 2011 and closed on July 25, 2011 on four draft ordinances that would incorporate the Ecology required and some recommended changes. The required and recommended changes are the same changes that were reflected in the materials the Council received for the May 11, 2011 work session. Staff identified a group of housekeeping corrections to the Shoreline Master Program since receiving the Ecology required and recommended changes to the SMP typographical errors as well as some required changes from Ecology that need clarifying or modification. This housekeeping list was provided to the Council in its July 25, 2011 packet. After the close of the public hearing on July 25 staff was directed to work with Ecology staff to identify which of the housekeeping items are within the scope of the changes required by Ecology and provide that information for the August 8, 2011 meeting. Ecology staff indicated that housekeeping changes that are related to an Ecology required or recommended change would be reviewed more quickly than those changes that are outside the scope, such as revisions to shoreline buffer widths or changes to the nonconforming provisions of the SMP. CL Page 1 of 2 08/03/2011 11:39:00 AM W: \Long Range Projects \Shoreline \Council Review 2\ Council Info Memo 5 -4 -11 23 August 8, 2011 City Council Meeting Informational Memo August 3, 2011 DISCUSSION After review of the revised housekeeping changes list, the Council has several options: 1. Adopt four ordinances to incorporate only those Ecology required and recommended changes that have been discussed to -date and re -visit the SMP in one year to make housekeeping changes and to consider other changes to the SMP. This option involves no additional Ecology review time. 2. Adopt four ordinances to incorporate not only the Ecology required and recommended changes, but also the housekeeping items that fall within the scope of these required /recommended changes. This option involves additional Ecology review time, however Ecology staff have committed to review the revisions as quickly as possible. 3. Make additional revisions to the four ordinances that go beyond the Ecology required and recommended changes and housekeeping items that are beyond the scope of the Ecology required /recommended changes. This option will require substantial additional Ecology review time and will trigger a new review of the SMP to ensure there is no net loss of shoreline ecological function by the proposed changes. As stated by the representative from the Department of Ecology at the July 25, 2011 hearing, any revisions to the Ecology required and recommended changes will necessitate another round of review by Ecology. How long this review takes depends on the scope of the changes approved by the Council. RECOMMENDATION Staff recommends moving the four new ordinances (Option #2 above), revised in strike through underline format, to reflect the housekeeping changes that are within the scope of Ecology's required and recommended changes to the August 15, 2011 Regular meeting for adoption. ATTACHMENTS Updated Preliminary List of Housekeeping Items Identified to date; Updated Summary of Testimony Received June 27 and July 25, 2011; Revised Ordinance repealing Ordinance 2269, and adopting a new shoreline master program (Note: the ordinance in the 8 -8 -11 Council packet does not have a set of the shoreline environment color quarter section maps (which have no changes) these were included in your 6 -27 -11 Council packet —Staff will have a reference copy of the maps at the meeting.) Revised Ordinance repealing Ordinance 2270, and adopting shoreline comprehensive plan goals and policies; Revised Ordinance repealing Ordinance 2271, and establishing a new shoreline overlay district, as codified in TMC 18.44; and Revised Ordinance repealing Ordinance 2272, and establishing definitions, as codified in TMC 18.06. CL Page 2 of 2 08/04/2011 10:08:00 AM W: \Long Range Projects \Shoreline \Council Review 2 \Council Info Memo 6 -22 -11 01