Critical Areas Ordinance and Shoreline Master Program Update
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In 2018-2019, the City of Mercer Island will be updating its Critical Areas code and Shoreline Master Program. The Critical Areas code is the portion of the City's code that sets standards and requirements for areas like wetlands, landslide hazard areas, watercourses. The Shoreline Master Program contains regulations pertaining to parts of Mercer Island within 200 feet of Lake Washington.
In 2018-2019, the City of Mercer Island will be updating its Critical Areas code and Shoreline Master Program. The Critical Areas code is the portion of the City's code that sets standards and requirements for areas like wetlands, landslide hazard areas, watercourses. The Shoreline Master Program contains regulations pertaining to parts of Mercer Island within 200 feet of Lake Washington.
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The updated Shoreline Master Program (SMP), which modified standards regarding the repair of existing piers, is in effect as of July 9, 2020. The SMP can be found online at: https://mercerisland.municipal.codes/MICC/19.13
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The Mercer Island City Council adopted Ordinance 20C-013 at its June 16th meeting, amending the City's Shoreline Master Program to change the requirements when only surface repairs (including decking repairs) are proposed. Previously, such repairs were required to meet present-day width and height standards; with the passing of this ordinance, surface repairs need only incorporate decking materials that allow at least 40% light transmittance. Full details are shown in the ordinance in the Resource Library (see "ORD No. 20C-13").
The new regulations will take effect July 9, 2020, which is 14 days after the date of the Dept. of Ecology's written notice of final action to the City (see "Final Approval from the Dept. of Ecology").
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The City received conditional approval of its updated Shoreline Master Program (SMP) from the Department of Ecology on May 26, 2020. The SMP will next be reviewed by the Mercer Island City Council. Based on the Department of Ecology conditional approval letter, the City Council’s next step will be to A) accept the clarifying language and complete the SMP amendment process; or B) propose alternative language. The Department of Ecology approval is conditioned on the adoption of language that clarifies the standards for dock repair.
If any changes are made at City Council, staff will submit this version back to the Department of Ecology for review and approval. If the City Council approves the version provided with the Department of Ecology conditional approval, the SMP is adopted. Once both the Department of Ecology and City Council approve same version of the SMP, it will take full effect. City Council review is anticipated in late June or early July.
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As noted in the previous (February 2020) update, the Department of Ecology has indicated that revised SMP language regarding the repair of docks is required. Revised, draft Shoreline Master Program (SMP) language and the supporting Cumulative Impact Analysis, which incorporate past Department of Ecology (DOE) feedback, has been completed. The revised SMP language is tentatively scheduled for City Council review in late April or early May of 2020. These documents represent several months of review between DOE and the City of Mercer Island to ensure: 1) that the changes adopted by the City Council are consistent with state law; 2) the original intent of the amendments related to dock repair is retained; and 3) that this consistency is clearly documented. For the revised SMP language to become effective, both the City Council and DOE will need to approve it.
Both the draft, revised SMP language (“Revised draft SMP 2020") and Cumulative Impact Analysis are available in the Resource Library.
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The City Council approved SMP amendments in mid-June of 2019, which were transmitted to the Department of Ecology (DOE) in July of 2019. The amendments to the SMP included both an update to critical area protections, and amended language around dock repairs in the SMP (in response to public comment). Following adoption of the SMP amendments, the Department of Ecology is required to either approve, approve with conditions, or deny the amended SMP.
Initially DOE was cautious about adopting the proposed changes to the dock repair standards, because the amendments may result in an increased environmental impact and/or would establish a precedent on Lake Washington. The City has been working with DOE and the City’s consultant to confirm that no adverse environmental impact will result from the proposed amendment and we are now updating our Cumulative Impact Analysis (CIA) documentation accordingly. This process has been iterative with three or four interactions between DOE and the City of Mercer Island around the scientific content of the CIA documents and the specific language of the SMP.
There has been some delay – both because the DOE has been reviewing SMP amendments for multiple jurisdictions, and because the City has amended its scope with the City’s consultant to complete the additional technical work to support the proposed SMP amendment. City staff have been working with DOE to expedite the review as much as possible. The City anticipates that DOE will approve SMP amendment with conditions in the near future – tentatively by mid-March. Staff anticipate that DOE will support the overall concept around dock repair articulated by the City Council, but will require additional clarifying language; the City Council is tentatively scheduled to review this revised language in April with adoption anticipated in late April or early May.
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The City Council approved the
Critical Areas Ordinance and Shoreline Master Program at its June 18, 2019
meeting. For the full text of the new code, please review the following documents:
The Critical Areas Ordinance is scheduled to
take effect July 29, 2019. The Shoreline Master Program follows a different
process: It must be reviewed and approved by the Washington Dept. of Ecology
before it can take effect. This is expected to be a 1-2 month process, but for
the time being, the effective date is uncertain. Let’s Talk will be updated
when an effective date is known. Until then, the existing SMP, adopted in 2015,
contains the effective standards.
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The Planning Commission’s Recommendation to the City Council for the Critical Areas Code and Shoreline Master Program is now available. The Planning Commission’s recommendation was developed after review and consideration of comments made by the public on the Public Hearing Draft.
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Thanks to countless hours spent by the Planning Commission and community, a public hearing draft of the Critical Areas Ordinance and Shoreline Master Program are now complete and ready for review. Please see the "Resource Library" on this page to access the draft code documents!
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The City has created a brief 6-minute video to inform the community about the Critical Areas and Shoreline Master Program update. Watch the video to learn more about critical areas and shorelines and why the city is updating the regulations.
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The Growth Management Act (RCW 36.70A) requires Washington’s counties and cities to review, evaluate, and update comprehensive land use plans, as well as updating development regulations using Best Available Science (BAS) to identify, designate and protect critical areas.
Mercer Island last updated its Critical Area regulations in 2005, and an update is due by summer, 2019. The City hired a consultant, ESA, to conduct an analysis of the Best Available Science as it pertains to the critical areas located in Mercer Island. ESA's findings are available in two reports here and here.
Mercer Island is home to 5 types of critical areas:
Wetlands
Watercourses
Fish and wildlife habitat conservation areas
Geologically hazardous areas
Critical aquifer recharge areas
ESA analyzed scientific research pertaining to the protection of these 5 types of critical areas and performed a gap analysis of the BAS findings and Mercer Island's current critical area regulations. At a high level, the BAS shows that the City should expand buffers around critical areas (buffers are a setback area around the critical area where development activities are restricted). The Planning Commission has been briefed on these findings and is considering the BAS as they develop draft code language.
Click here to play video
CAO SMP Update 2 min version
Process
Consultant Analysis of Best Available Science
Critical Areas Ordinance and Shoreline Master Program Update has finished this stage
Planning Commission Review
Critical Areas Ordinance and Shoreline Master Program Update has finished this stage
The Commission will review the Best Available Science and the draft code amendments, hold a public hearing and then make a recomendaton to City Council.
City Council Review
Critical Areas Ordinance and Shoreline Master Program Update has finished this stage
SMP accepted by Dept. of Ecology
Critical Areas Ordinance and Shoreline Master Program Update has finished this stage
The Department of Ecology has granted the SMP Conditional Approval. The conditions of the approval must be approved by the City Council before the SMP can take effect.
Amendment Adopted by City Council
Critical Areas Ordinance and Shoreline Master Program Update has finished this stage
New SMP regulations effective 14 days from the date of the Dept. of Ecology's written notice of final action
Critical Areas Ordinance and Shoreline Master Program Update is currently at this stage
