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HomeMy WebLinkAbout6172ORDINANCE NO. 6 1 7 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, ESTABLISHING A NEW CHAPTER 14.22 OF THE AUBURN CITY CODE TO BE TITLED "COMPREHENSIVE PLAN" WHEREAS, the City of Auburn has adopted a comprehensive plan pursuant to 36.70A RCW, the Washington State Growth Management Act; and WHEREAS, the City's policy is to consider potential amendments to the comprehensive plan on an annual basis; and WHEREAS, it would be beneficial to clearly delineate the annual amendment process within City Code; and WHEREAS, the proposed code amendment was transmitted to the Washington State Department of Community, Trade and Economic Development and other State agencies for review as required by RCW 36.70A.160; and WHEREAS, the adoption of legislation relating to governmental procedures is exempt from the requirements of the State Environmental Policy Act (SEPA); and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. New Chapter to City Code. A new Chapter 14.22 of the Auburn City Code is hereby created to read as follows: Chapter 14.22 COMPREHENSIVE PLAN Sections: 14.22.010 Purpose. 14.22.020 Comprehensive Plan Adopted. 14.22.030 Early and continuous public participation. 14.22.040 Definitions. Ordinance No. 6172 April 7, 2008 Page 1 of 7 14.22.050 Conformance and consistency. 14.22.060 Amendments and exceptions. 14.22.070 Periodic assessment. 14.22.080 Docketing. 14.22.090 Proposals for amendments. 14.22.100 Public hearing required by planning commission. 14.22.110 Decision criteria for plan amendments. 14.22.010 Purpose. The City of Auburn comprehensive plan establishes the principles, goals, objectives and policies guiding future development of the City in compliance with Chapter 36.70A RCW, the Washington State Growth Management Act. The purpose of this chapter is to establish procedures and review criteria for amending the comprehensive plan and to provide provisions for public participation in the planning process. 14.22.020 Comprehensive Plan Adopted. The City of Auburn Comprehensive Plan, as amended in April 1995 to comply with the Growth Management Act and as may subsequently be amended thereafter, consisting of the following elements, is hereby adopted by reference. A. Chapters of the Comprehensive Plan. Introduction 1. Plan Background 2. General Planning Approach 3. Land Use 4. Housing 5. Capital Facilities 6. Private Utilities 7. Transportation 8. Economic Development 9. The Environment 10. Historic Preservation 11. Parks, Recreation and Open Space 12. Urban Design 13. Unincorporated Areas and Annexation 14. Comprehensive Plan Map 15. Implementation Appendix A Appendix B B. Additional Elements of the Comprehensive Plan. 1. Comprehensive Transportation Plan. 2. Capital Facilities Plan. 3. Parks and Recreation Plan. 4. Shorelines Management Program. 5. Comprehensive Water Plan (2001). 6. Comprehensive Sewer Plan (2001). 7. Comprehensive Drainage Plan (2001). 8. Auburn Downtown Plan (May 2001). 9. Lakeland Hills Plan (1988). 10. Auburn Adventist Academy Plan (1991). 11. Auburn North Business Area Plan (1992). Ordinance No. 6172 April 7, 2008 Page 2 of 7 14.22.030 Early and continuous public participation. A. The City of Auburn encourages early and continuous public participation in the comprehensive planning process, and in other city-initiated planning programs that may be carried out under the overall framework of the plan. This chapter contains procedures for the consideration of potential amendments to any chapter or element of the comprehensive plan. B. The director shall broadly disseminate information regarding the annual docketing and amendment process and identify a deadline for submittal of applications for inclusion in the annual amendment cycle. Applications submitted after the established deadline will be considered during the following annual amendment process. 14.22.040 Definitions. A. "Amendment" means any change in the wording, context or substance of the comprehensive plan or a change to the comprehensive land use map or any other map contained or referenced within any plan chapter or element. B. "Area-wide map amendment" means an amendment to the comprehensive land use map involving four or more contiguous or adjacent parcels under different ownership that would be similarly affected by a proposed map amendment. C. "City initiated planning program" means a planning program begun by resolution of the city council, any city council committee, or the planning commission, addressing a geographic sub-area of the city's urban growth area (such as a special area plan) or addressing a specific functional area (such as a utility plan). D. "Director" means the director of the department of planning, building and community or his/her designee. E. "Docket" means a list of suggested amendments to the comprehensive plan maintained by the director. F. "Planning commission" is an appointed group serving in an advisory capacity to the City Council as specified in Chapter 2.45 ACC. 14.22.050 Conformance and consistency. The zoning, land division and other development codes contained or referenced within Auburn City Code shall be consistent with and implement the intent of the comprehensive plan. Capital budget decisions shall be made in conformity with the comprehensive plan. 14.22.060 Amendments and exceptions. A. The comprehensive plan may only be amended pursuant to this chapter, no more frequently than once each calendar year as part of the annual cycle established herein, except as provided in section C, below. B. All amendments shall be considered concurrently so as to assess their cumulative impact. C. Exceptions. Pursuant to Chapter 35A. 70 RCW, under the following circumstances, amendments may be processed separately and in addition to the annual amendment cycle: 1. If an emergency exists, which is defined as an issue of community-wide significance that addresses the public health, safety, and general welfare; 2. To resolve an appeal of a comprehensive plan filed with the growth management hearings board or with the court; 3. To adopt or amend a shoreline master program under the procedures set forth in Chapter 90.58 RCW; 4. The initial adoption of a subarea plan or new element to the comprehensive plan; 5. The amendment of the capital facilities plan may occur concurrently with the adoption or amendment of the city budget. Ordinance No. 6172 April 7, 2008 Page 3 of 7 14.22.070 Periodic assessment. A. The director will periodically monitor the comprehensive plan and development regulations that implement the plan, assess the need for any amendments, and may add potential changes to the docket as specified in ACC 14.22.080. The assessment shall be based on, at a minimum: 1. Whether growth and development are occurring at a faster or slower rate than envisioned in the plan; 2. Whether the capacity to provide adequate services has diminished or increased; 3. The availability of land to meet demand; 4. Whether the assumptions on which the plan is based remain valid; 5. The effect of the plan on land values and housing is contrary to plan goals; 6. Whether sufficient change or lack of change in circumstances dictate the need for an amendment. B. At a minimum, every seven (7) years from December 1, 2004, the city shall complete a comprehensive review of the comprehensive plan in order to update it as appropriate and to ensure continued compliance with the Growth Management Act. 14.22.080 Docketing. A. In accordance with RCW 36.70A.470, suggested changes to the comprehensive plan which are not specific to any site may be submitted by any individual, organization or general or special purpose government and shall be coordinated by the director. The director shall create appropriate forms for such submittals that require the submittal to address the criteria outlined in subsection C below. The list shall be known as the "docket" and is the means to suggest a change or identify a deficiency in the comprehensive plan. An item may be submitted to the docket at any time during the calendar year. There is no fee associated with submitting an item to the docket. B. Annually, the director shall review such suggestions with the city council or committee thereof and determine whether to direct them to the planning commission for consideration. The city council or committee thereof may decline to consider any item from the docket. C. Proposed amendments on the docket may be considered appropriate for action if the following criteria are met: 1. A proposed comprehensive plan text amendment addresses a matter appropriate for inclusion in the plan; 2. The proposal demonstrates a strong potential to serve the public interest by implementing specifically identified goals and policies of the plan; 3. The proposal addresses the interests and changed needs of the entire city as identified in the plan; 4. The proposal does not raise policy or land use issues that are more appropriately addressed by an ongoing work program approved by the city council; 5. The proposal can be reasonably reviewed and evaluated, given existing staff and budget resources; and 6. The proposal has not been voted on by the city council in the last three (3) years. This time limit may be waived by the city council if it is demonstrated that there exists either an obvious technical error or a change in circumstances that justifies the need for the amendment. D. Any item on the docket that is not determined to be appropriate for action may be proposed under ACC 14.22.090, provided it is timely and properly filed. 14.22.090 Proposals for amendments. A. Privately-initiated amendments. A proposed amendment to the comprehensive plan, other than docketing pursuant to Section 14.22.080 of this Chapter, may be submitted by Ordinance No. 6172 April 7, 2008 Page 4 of 7 any individual, organization, corporation or partnership; general or special purpose government other than the city; or entity of any kind; provided that if the proposal involves specific real property, the property owner has provided written consent to the proposal. B. City-initiated amendments. The city council or committee thereof or the planning commission may initiate a planning program or any type of amendment to the comprehensive plan, regardless of whether site-specific or area-wide in scope. C. Application. Except for city-initiated planning programs or individual amendments, all proposed amendments shall be submitted to the director on an approved form, together with required filing fees. An environmental checklist shall also be submitted if required. A proposed amendment request shall include the following information: 1. Name, address, phone number and e-mail address of the applicant, contact person and written consent of the property owner if the proposal affects specific property; 2. If the amendment concerns specific property, both a general description and legal description of the property; 3. A description of the plan amendment being requested; 4. Written statements addressing the purpose of the amendment, why it is being requested, and how it is consistent with the criteria listed in ACC Section 14.22.100 below. 5. If the request is for an amendment to the comprehensive land use map, an indication of what concurrent change in zoning is also being requested. D. Department report. The director shall prepare an assessment and recommendation on all proposed amendment requests and include this within a report that evaluates all requests concurrently. 14.22.100 Public hearing required by planning commission. A. The planning commission shall hold at least one public hearing on all proposed amendments to the comprehensive plan. Notice of such public hearing shall be given pursuant to ACC Section 1.27 and, at a minimum, include the following: 1. For site-specific plan map amendments: a. notice shall be published once in the official newspaper of the city not less than ten (10) calendar days prior to the date of public hearing; b. notice shall be mailed by first class mail to all property owners of record within a radius of three hundred (300) feet of the proposed map amendment request, not less than ten (10) calendar days prior to the public hearing; 2. For area-wide plan map amendments: a. notice shall be published once in the official newspaper of the city not less than ten (10) calendar days prior to the date of public hearing; b. notice shall be mailed by first class mail to all property owners of record within the area subject to the proposed amendment; C. notice shall be posted in at least two conspicuous locations in the area subject to the proposed amendment not less than ten (10) calendar days prior to the date of the public hearing. B. Notwithstanding the above, the director may expand the minimum noticing provisions noted above as deemed necessary. C. Planning Commission recommendation. The planning commission shall conduct a public hearing on all potential comprehensive plan amendments and shall make and forward a recommendation on each to the city council. The planning commission shall adopt written findings and make a recommendation consistent with those findings to the city council. D. The city council, if it elects to amend the comprehensive plan, shall adopt written findings and adopt said amendments by ordinance. E. State review. All comprehensive plan amendments considered by the planning commission shall be forwarded for state agency review consistent with 36.70A.106 RCW. Ordinance No. 6172 April 7, 2008 Page 5 of 7 F. Any appeal of an amendment to the comprehensive plan shall be made in accordance with 36.70A RCW. 14.22.110 Decision criteria for plan amendments. A. The comprehensive plan was developed and adopted after significant study and public participation. The principles, goals, objectives and policies contained therein shall be granted substantial weight when considering a proposed amendment. Therefore, the burden of proof for justifying a proposed amendment rests with the applicant, who must demonstrate that the request complies with and/or relates to the following decision criteria: 1. The proposed change will further and be consistent with the goals and objectives of the plan and the plan will remain internally consistent; 2. Whether the capacity to provide adequate services is diminished or increased; 3. Assumptions upon which the comprehensive plan is based are found to be invalid; 4. A determination of change or lack of change in conditions or circumstances has occurred since the adoption of the latest amendment to the specific section of the comprehensive plan that dictates the need for a proposed amendment; 5. If applicable, a determination that a question of consistency exists between the comprehensive plan and Chapter 36.70A RCW, the Countywide Planning Policies for either King and/or Pierce County, as appropriate, and Vision 2040: Growth and Transportation Strategy for the Puget Sound Region; 6. If the request is to change the land use designation of a specific property on the comprehensive land use map, the applicant must demonstrate one of the following: a. The current land use designation was clearly made in error or due to an oversight; b. The proposed land use designation is adjacent to property having a similar or compatible designation, or other conditions are present to ensure compatibility with surrounding properties; C. There has been a change in conditions since the current land use designation came into effect. Section 2. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directions of this legislation. Section 3. Severability. The provisions of this ordinance are deemed to be 'separate and severable. The invalidity if any clause, sentence, paragraph, subdivision, section or portion of this ordinance, or the invalidity of the remainder of this ordinance, or the validity if its application to other persons or circumstances. Ordinance No. 6172 April 7, 2008 Page 6 of 7 Section 4. Effective date. This ordinance shall take effect and be in force five days from and after its passage, approval and publication as provided by law. INTRODUCED: APR - 7 2008 PASSED: APR - 7 2008 APPROVED: APR - 7 2008 CITY RN PETER B. LEWIS MAYOR ATTEST: Danl le E. Daskam, City Clerk City Attorney Published: z-0C Ordinance No. 6172 April 7, 2008 Page 7 of 7