Shoreline Master Program Amendment

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The City of Mercer Island has prepared two (2) amendments to the Shoreline Master Program (Chapter 19.13 Mercer Island City Code) that would utilize the optional joint review process with the Washington Department of Ecology in compliance with WAC 173-26-104.


A summary of the proposed amendments are as follows:

Adoption of a reference to Chapter 173-27 WAC Shoreline Management Permit and Enforcement Procedures to establish clarity on shoreline permit processing procedures in Mercer Island City Code (MICC) 19.13.010(E), which establishes a relationship between the SMP and federal and state law, requiring all development proposals to comply with other federal and state laws or permits.

Revision of MICC 19.13.040 - Table B Shoreland Uses Waterward of the Ordinary High Water Mark to add a new use and amendment of MICC 19.13.050 Shoreland Development Standards to establish development standards for “marinas”.


WHY?

Docket requests for several amendments to Title 19 MICC were submitted on October 26, 2022. The City Council considered whether to add the proposed amendments to the Community Planning and Development (CPD) work program during a public meeting on December 6, 2022. The City Council approved Resolution 1641 on December 6, 2020, which directed the Planning Commission to make a recommendation on the first proposed code amendment from the original docket request.

The docket request proposed eight amendments to Type 19 MICC. Only the first requested amendment, proposed by the Mercer Island Beach Club (MIBC), to a footnote in MICC 19.13.040 - Table B Shoreland Uses Waterward of the Ordinary High Water Mark was added to the final docket by City Council. City staff has added a second proposed amendment to correct an inconsistency with state law, which is directly tied to the amendment proposed by the MIBC.

The Mercer Island Beach Club (MIBC) proposed the revision of MICC 19.13.040 - Table B Notes to allow for existing private clubs or residential communities serving more than 10 families to use a shoreline conditional use permit for redevelopment of existing facilities. Under the direction recommended by the Planning Commission during the public hearing on March 22, staff has prepared regulations for a new "marina" use to be added to the Shoreline Uses Waterward of the Ordinary High Watermark Table, and Shoreline Development standards. The regulations presented to the Planning Commission on April 26 will be consistent with state guidance for boating facilities under WAC 173-26-241(3)(c).

The adoption by reference of Chapter 173-27 WAC to MICC 19.13.010(E), Relationship with other federal and state law would establish consistency and clarity for the processing of such permits allowed by the proposed use table amendment.



The City of Mercer Island has prepared two (2) amendments to the Shoreline Master Program (Chapter 19.13 Mercer Island City Code) that would utilize the optional joint review process with the Washington Department of Ecology in compliance with WAC 173-26-104.


A summary of the proposed amendments are as follows:

Adoption of a reference to Chapter 173-27 WAC Shoreline Management Permit and Enforcement Procedures to establish clarity on shoreline permit processing procedures in Mercer Island City Code (MICC) 19.13.010(E), which establishes a relationship between the SMP and federal and state law, requiring all development proposals to comply with other federal and state laws or permits.

Revision of MICC 19.13.040 - Table B Shoreland Uses Waterward of the Ordinary High Water Mark to add a new use and amendment of MICC 19.13.050 Shoreland Development Standards to establish development standards for “marinas”.


WHY?

Docket requests for several amendments to Title 19 MICC were submitted on October 26, 2022. The City Council considered whether to add the proposed amendments to the Community Planning and Development (CPD) work program during a public meeting on December 6, 2022. The City Council approved Resolution 1641 on December 6, 2020, which directed the Planning Commission to make a recommendation on the first proposed code amendment from the original docket request.

The docket request proposed eight amendments to Type 19 MICC. Only the first requested amendment, proposed by the Mercer Island Beach Club (MIBC), to a footnote in MICC 19.13.040 - Table B Shoreland Uses Waterward of the Ordinary High Water Mark was added to the final docket by City Council. City staff has added a second proposed amendment to correct an inconsistency with state law, which is directly tied to the amendment proposed by the MIBC.

The Mercer Island Beach Club (MIBC) proposed the revision of MICC 19.13.040 - Table B Notes to allow for existing private clubs or residential communities serving more than 10 families to use a shoreline conditional use permit for redevelopment of existing facilities. Under the direction recommended by the Planning Commission during the public hearing on March 22, staff has prepared regulations for a new "marina" use to be added to the Shoreline Uses Waterward of the Ordinary High Watermark Table, and Shoreline Development standards. The regulations presented to the Planning Commission on April 26 will be consistent with state guidance for boating facilities under WAC 173-26-241(3)(c).

The adoption by reference of Chapter 173-27 WAC to MICC 19.13.010(E), Relationship with other federal and state law would establish consistency and clarity for the processing of such permits allowed by the proposed use table amendment.


  • Shoreline Master Program Amendment Ecology Update

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    The WA State Department of Ecology approved the Shoreline Master Program Amendment with the following statement:

    The Washington State Department of Ecology (Ecology) is pleased to announce its final action approving City of Mercer Island (City) Shoreline Master Program (SMP) locally initiated amendment. The effective date of the City revised SMP is July 22, 2024. Ecology will publish a notice (legal ad) that starts a 60-day appeal period. The expected date of publication of the legal ad in the Mercer Island Reporter is July 24, 2024. Documents related to this SMP approval will remain on Ecology’s Active Shoreline Master Programs website until the conclusion of the appeal period. Ecology’s approval affirms the amendments are consistent with the Shoreline Management Act (Chapter 90.58 RCW) and the applicable implementing rule found Chapter 173-26 WAC.

    If you have questions about this SMP amendment, please contact me at 425-365-6571 or Rebekah.Padgett@ecy.wa.gov. If you require this document in an alternative format, please contact Jackie Chandler at 360-522-3927. Persons with hearing loss can call 711 for Washington Relay Service, and persons with speech disabilities can call 877-833-6341.

  • Shoreline Master Program Amendment Update

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    Ordinance No 23C-15 was passed by the City Council of the City of Mercer Island at its meeting on October 3, 2023. The Ordinance was signed on October 11, 2023 by Mayor Salim Nice.

    As of October 30, 2023, the SMP Amendment is under review with the WA State Department of Ecology.

  • Amending the SMP

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    The Planning Commission and the WA State Department of Ecology (DOE) will review the proposed code amendment at the meeting starting at or after 6:00 p.m. on Wednesday, May10, 2023.

    The meeting will be held in person at City Hall Council Chambers and virtually using Zoom. The public will have the opportunity to comment during the public hearing by either attending in person, calling in, or logging onto the meeting as a Zoom attendee. Written comments will also be accepted until the public hearing is closed.

    Following the public meeting, City Staff will review all comments and determine if revisions are necessary. The amendments will then go to the Department of Ecology for a Determination of Consistency with state law. If DOE determines that the amendments are consistent, the City Council will review and either request changes or adopt the proposed amendments. If City Council adopts the amendments, they will go back to the DOE for the final approval and adoption.

    Information on attending this public meeting can be found here: Planning Commission | Mercer Island, Washington.

    The City of Mercer Island strives to create an inclusive and accessible experience. Those requiring accommodation for Planning Commission meetings should notify the Deputy City Clerk’s Office 3 days prior to the meeting at 206.275.7791 or by emailing deborah.estrada@mercerisland.gov.

  • Providing Public Comments

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    The Planning Commission and the WA State Department of Ecology will hold a joint public hearing to receive comments on the proposed amendments. The joint public hearing will take place on June 7, 2023 at 6PM in person at Mercer Island City Hall Council Chambers, 9611 SE 36th St, Mercer Island or virtually using Zoom. Detailed instructions on how to attend the public hearing and/or comment live during the public hearing will be available online on or before May 5, 2023, at https://www.mercerisland.gov/bc-pc

    Written comments may be submitted to Molly McGuire by email at molly.mcguire@mercerisland.gov or by mail and in person at 9611 SE 36th St, Mercer Island, WA 98040. Written comments will be accepted until the adjournment of the hearing.

    At the conclusion of the comment period, the City will prepare a response to comments and determine whether changes are needed. Public comments and City responses will be shared with Ecology. After local adoption, the SMP amendment will be formally submitted to Ecology for final action per WAC 173-26-104 and WAC 173-26-110. Ecology will review amendments for consistency with state laws and rules. Ecology may either approve the program as adopted, or may recommend changes.

  • Project Scoping

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    The proposed code amendments were added to the City's 2023 comprehensive plan and code amendment docket on December 6, 2022 by the City Council.

    A Public Participation Plan has been created to describe how the City will encourage early and continuous public participation throughout the process of reviewing the proposed amendments. The Public Participation Plan is available for review here: ZTR23-001 Project Documents or in person by request at Mercer Island City Hall, 9611 SE 36th St, Mercer Island.

Page last updated: 05 Aug 2024, 01:25 PM