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COBI City Council Agenda Bill re: SMP 5-18-13

COBI City Council Agenda Bill re: SMP 5-18-13

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Published by BSH Admin
Proposed changes to SMP Update Draft following public hearing on May 8, 2013.
Proposed changes to SMP Update Draft following public hearing on May 8, 2013.

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Published by: BSH Admin on May 11, 2013
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Subject: Resolution 2013-10: Shoreline Master Program Update Date: May 15, 2013Agenda Item: Council Discussion Bill No.: 13-068Proposed By: Kathy Cook, Planning Referral(s): None
Department Fund: General Munis Contract #Expenditure Req: Budgeted?
Yes No
 Budget Amend. Req?
Yes No
Public Hearing: May 8, 2013 Recommendation: Schedule Council Discussion for May 152013
City Manager Yes No N/A Legal Yes No N/A Finance Yes No N/A
Consider public comment provided at the Public Hearing conducted on May 8, 2013, and discuss possible amendments to the draft Public Hearing SMP Update document, including revisionsrecommended in the Internal Consistency Analysis (BORK Consulting, May 2013) and in the attachedmaterial from staff. Consider approval of Resolution 2013-10, authorizing the City to forward theSMP Update to the Department of Ecology.
The City Council conducted a Public Hearing on the City’s draf 
t Shoreline Master Program Update onMay 8, 2013. The Public Hearing draft reflected revisions made to the document since the PlanningCommission forwarded their recommendations to the City Council on April 12, 2012, includingchanges recommended by the City Council over the course of eleven study sessions, changesrecommended by staff to improve consistency, and typographical and grammatical correctionsrecommended by staff.The City Council scheduled follow-up discussion and deliberations on the draft SMP Update for May15, 2013.When the City Council completes its review of the SMP Update, the City must forward the approvedShoreline Master Program Update and supporting documentation to the Department of Ecology for 
review and comment prior the City’s formal adoption of the Shoreline Master Prog
ram Update.Resolution 2013-10 has been developed for this purpose and has been reviewed by the City Attorney.
I move that the City Council approve Resolution 2013-10, authorizing the Planning Director to forward the approved Shoreline Master Program Update and all supporting documentation required toaccompany the Shoreline Master Program Update pursuant to WAC 173-26-110 to the Washington StateDepartment of Ecology for formal review and approval in accordance with WAC 173-26-120.
City of Bainbridge Island 
TO: City CouncilCity Manager Doug SchulzeFROM: Kathy Cook, Planning Director Ryan Ericson, Associate Planner DATE: May 10, 2013RE: Shoreline Master Program UpdateCity Council Meeting, May 15, 2013
The City Council conducted a Public Hearing on the
draft Shoreline Master Program(SMP) Update on May 8, 2013. The Public Hearing draft reflected revisions made to thedocument since the Planning Commission forwarded their recommendations to the City Councilon April 12, 2012, including changes recommended by the City Council over the course of elevenstudy sessions, changes recommended by staff to improve internal consistency and/or consistencywith the BIMC, and typographical and grammatical corrections recommended by staff.The City Council has scheduled follow-up discussion and deliberations on the draft SMP Updatefor May 15, 2013. In addition to changes to the draft document that are necessitated by theinternal consistency analysis described below, staff anticipates that the Council may consider additional changes to the document. The following material is provided to facilitate the
Council’s discussion.
Internal Consistency Analysis, BERK Consulting, May 2013
In April 2013, the Washington State Department of Ecology (DOE) informed the City that anadditional $30,000 was available for the
DOE grant in support of the SMP Update. Thisgrant amendment increases the grant by to a new total of $240,000 and was approved by the CityCouncil on May 1, 2013. The additional funds are to be used to assist the City in the localadoption process.As part of the May 1st Council discussion, staff proposed that part of the additional grant funds beused to conduct an internal consistency analysis of the draft Update document, as previouslyrecommended by Councilmember David Ward. After the grant amendment was approved, theCity entered into a professional services agreement with BERK Consulting to perform thisanalysis. The scope of work addressed the following:
Parallel Construction: For example, each policy has an implementing regulation.
Coordination of Standards: For example, there is appropriate cross-referencing to other sections of the proposed document, number agreement where standards should be
identical, and consistency among standards (one standard does not preclude another standard).
Clarity: The update language is clear where there are specific standards, or there arecriteria for interpretation or implementation of a regulation.
BERK Consulting submitted the consistency analysis to the City on May 8, 2013, and it is included asAttachment A. Many of the revisions are straightforward grammatical and organizational improvements,and the consultant has shown these in strike-out/underline. In other instances, the consultant has identifiedwhere revisions are recommended for administrative or policy consistency, or areas where clarification is
needed from staff. The consultant highlighted these with “comment balloons” in the right margin, and
staff has added additional comment (in
bold, itali
text) to clarify the purpose of the revision and whether additional staff review is needed.
Staff recommends that the revisions identified in the consistency analysis be incorporated into thefinal SMP Update document that is forwarded to the Department of Ecology.
Review of City Council Motions
Staff has compiled all of the City Council motions made to date (Attachment B) and comparedthem to the draft Update document to ensure that the motions are accurately reflected. In somecases, staff is recommending that the amendatory language be modified to more clearly meet the
intent of the Council’s motion. Staff has prep
ared a matrix (Attachment C) that identifies thespecific Council motion and proposes alternative implementing language that staff feels is clearer.The matrix also includes one revision proposed by staff in response to public comment at theMay 8 Public Hearing, to clarify that a 25% expansion of a building configuration within theShoreline Buffer may occur only once. Staff is requesting that the Council confirm the proposedlanguage at the May 15 meeting.
Resolution 2013-10 and the Adoption Process
When the City Council completes its review of the SMP Update, the City must file a Letter of Intent to Adopt (RCW 90-58-090) with the Department of Ecology (DOE). Resolution 2013-10has been developed for this purpose and has been reviewed by the City Attorney.Once the Department of 
Ecology deems the City’s submittal to be complete, DOE will
hold a 30-day comment period and one Public Hearing. The City is then responsible for responding to all public comment, and making any revisions required by DOE. Once DOE has reviewed and given
final approval to the City’s SMP Update, the City Council ad
opts the regulations by ordinance.
Please feel free to contact us if you have questions or would like more information.

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