HomeMy WebLinkAbout3931AN ORDINANCE of the City Council of the
City of Kent, Washington, repealing Ordinance No.
3458 and adopting a new Shoreline Master
Program to be approved by the Washington State
Department of Ecology; and further amending the
City of Kent's Comprehensive Plan to include the
goals and policies of the updated Shoreline Master
Program as the Shoreline Element of the
Comprehensive Plan and making other
Comprehensive Plan amendments in accord with
the updated Shoreline Master Program.
RECITALS
A. The Washington State Legislature has mandated that the City
of Kent update its Shoreline Master Program (SMP) pursuant to the
Shoreline Management Act, Chapter 90.58 RCW, and the Shoreline Master
Program Guidelines, WAC 173-26.
B. The Shoreline Management Act is a cooperative program
between local governments and the state, and is administered by the
Washington State Department of Ecology, who must review and approve
all SMPs. SMP's govern properties 200 feet landward of each shoreline's
ordinary high water mark and are intended to balance use and protection
of shorelines. Shorelines consist of lakes greater than 20 acres in size as
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well as streams and rivers with flows greater than 20 cubic feet per
second.
C. The Growth Management Act in RCW 36. 70A.480 provides
that the goals and policies of a local SMP shall be considered an element
of a local government's comprehensive plan. Comprehensive plans are
allowed to be amended outside of the annual amendment process if the
amendment is the adoption or amendment of an SMP, as we have in this
case.
D. The City's State Environmental Policy Act (SEPA) responsible
official issued a Determination of Nonsignificance on July 18, 2009 for this
update to the SMP and amendment to the Comprehensive Plan. A draft
version of the SMP update was also submitted to the Washington State
Department of Community, Trade, and Economic Development on May 29,
2009. The 60 day notification period, per RCW 36.70A.106, has now
lapsed.
E. The SMP update has involved extensive public participation.
Such participation included formation of a Citizens' Advisory Committee
that met monthly with staff to review the draft SMP; a Lake Meridian
community meeting on June 9, 2008; two public open houses on October
2, 2008 and February 9, 2009; and solicitation of comments from parties
of record, agencies, interest groups, tribes and adjacent jurisdictions. The
Land Use and Planning Board discussed the SMP at its workshops on
February 25, 2008, February 9 and June 22, 2009. The Board also held
public hearings on July 27 and August 10, 2009. The Planning and
Economic Development Committee considered the SMP at meetings on
March 10, 2008; February 9, July 13, and August 24, 2009.
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F. The Shoreline Management Act authorizes the Department of
Ecology to adopt, approve, amend and adjust the City's SMP.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT,
WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
ORDINANCE
SECTION 1. -Repealed. Ordinance No. 3458 of the City of Kent,
enacting a Shoreline Master Program, adopted on May 4, 1999, is hereby
repealed.
SECTION 2. -Adopt. The City hereby approves and adopts the
updated Shoreline Master Program as set forth in Exhibit "A" attached
and incorporated by this reference.
SECTION 3 -Amendment. Pursuant to RCW 36.70A.480, the City
of Kent Comprehensive Plan is hereby amended to replace, in its entirety,
Appendix C, "1999 Kent Shoreline Master Program -Goals & Policies,"
with "Chapter 13, Shoreline Element," containing the policies of the
updated Shoreline Master Program as set forth in Exhibit "B" attached
and incorporated by this reference. The Comprehensive Plan is also
amended as set forth in Exhibit "C" attached and incorporated herein to
reflect provisions in the updated SMP such as the addition of water bodies
to SMP jurisdiction.
SECTION 4. -Savings. The existing Shoreline Master Program,
which is repealed and replaced by this ordinance, shall remain in full force
and effect until the effective date of this ordinance.
SECTION 5. -Severabilitv. If any one or more sections,
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subsections, or sentences of this ordinance are held to be unconstitutional
or invalid, such decision shall not affect the validity of the remaining
portion of this ordinance and the same shall remain in full force and
effect.
SECTION 6. -Effective Date. The effective date of the approved
Shoreline Master Program is dependent on approval by the Washington
State Department of Ecology per WAC 173-26-120(7), but shall in no
event be sooner than thirty (30) days from and a~er the date of passage
of this ordinance.
ATTEST:
APPROVED AS TO FORM:
TOBRlIBAKER, CITY ATTORNEY
PASSED: i~S~ day of September, 2009.
APPROVED: / 5-day of September, 2009.
PUBLISHED: / eT day of September, 2009.
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I hereby certify that this is a true copy of Ordinance No. ,373 I
___ passed by the City Council of the City of Kent, Washington, and
approved by the Mayor of the City of Kent as hereon indicated.
/'<>3/u,~,L-<kZ~~~~:~J--zJ c~~ /.-vL (SEAL)
/ BRENDA JACOe' CITY CLERK
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