HomeMy WebLinkAboutITEM VIII-A-1
A'. TYOF
AGENDA BILL APPROVAL FORM
WASHINGTON
Agenda Subject: Ordinance No. 6329 Proposed amendments to Date: December 14, 2010
Sections 14.22.020 and 14.22.070 of the Auburn City Code relating to
required updates to the Comprehensive Plan ZOA10-0002
Department: Planning and Attachments: Ordinance No. 6329, Budget Impact: N/A
Building and Community Senate Bill No. 6611
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 6329.
Background Summary:
At the request of municipalities throughout Washington State, the State Legislature considered revising
the deadline for the 7-year update to comprehensive plans. Introduced in January of 2010 and adopted
in March, State Senate Bill No. 6611 became effective on June 10, 2010. The bill served to extend time
frames to allow for the completion of a fully comprehensive review and update of comprehensive plans.
The full review and update of the comprehensive plan has been extended until 2014 for the City of
Auburn. To reflect the time for the required update the Planning Department is recommending that the
City of Auburn update two sections of Chapter 14.22 ACC to reflect this change.
This item was reviewed by the PCDC Committee on 12/14/2010. The PCDC as the originating committee
recommended approval to the City Council. This item was reviewed by the Finance Committee on
12/20/2010.
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Reviewed by Council & Committees: Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&O
❑ Airport S Finance ❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks
❑ Human Services ® Planning & CD ❑ Fire S Planning
❑ Park Board ❑ Public Works ❑ Legal ❑ Police
❑ Planning Comm. ❑ Other ❑ Public Works ❑ Human Resources
❑ Information Services
Action:
Committee Approval: SYes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing
Referred to Until -
Tabled Until
Councilmember: Norman Staff: Sn der
Meeting Date: December 20, 2010 Item Number: VIII.A.1
AUBURN *MOPE THAN YOU IMAGINED
SENATE BILL REPORT
SB 6611
As Reported by Senate Committee On:
Government Operations & Elections, February 4, 2010
Title: An act relating to extending the deadlines for the review and evaluation of comprehensive
land use plan and development regulations for three years.
Brief Description: Extending the deadlines for the review and evaluation of comprehensive
land use plan and development regulations for three years.
Sponsors: Senators Pridemore, Swecker and Shin; by request of Washington State Department
of Commerce and Department of Ecology.
Brief History:
Committee Activity: Government Operations & Elections: 2/01/10, 2/04/10 [DPS, w/
oRec].
SENATE COMMITTEE ON GOVERNMENT OPERATIONS & ELECTIONS
Majority Report: That Substitute Senate Bill No. 6611 be substituted therefor, and the
substitute bill do pass.
Signed by Senators Fairley, Chair; Oemig, Vice Chair; Roach, Ranking Minority
Member; McDermott, Pridemore and Swecker.
Minority Report: That it be referred without recommendation.
Signed by Senator Benton.
Staff: Karen Epps (786-7424)
Background: The Growth Management Act (GMA) is the comprehensive land-use planning
framework for county and city governments in Washington. Enacted in 1990 and 1991, the
GMA establishes numerous requirements for local governments obligated by mandate or
choice to fully plan under the GMA and a reduced number of directives for all other counties
and cities. Twenty-nine of Washington's 39 counties, and the cities within those counties,
fully plan under the GMA.
Comprehensive plans and development regulations are subject to continuing review and
evaluation by the adopting county or city. The review schedule is as follows:
This analysis was prepared by non-partisan legislative stafffor the use of legislative
members in their deliberations. This analysis is not apart of the legislation nor does it
constitute a statement of legislative intent.
Senate Bill Report - 1 - SB 6611
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• on or before December 1, 2004, and every seven years thereafter, for Clallam, Clark,
Jefferson, King, Kitsap, Pierce, Snohomish, Thurston, and Whatcom counties and the
cities within those counties;
• on or before December 1, 2005, and every seven years thereafter, for Cowlitz, Island,
Lewis, Mason, San Juan, Skagit, and Skamania counties and the cities within those
counties;
• on or before December 1, 2006, and every seven years thereafter, for Benton, Chelan,
Douglas, Grant, Kittitas, Spokane, and Yakima counties and the cities within those
counties; and
• on or before December 1, 2007, and every seven years thereafter, for Adams, Asotin,
Columbia, Ferry, Franklin, Garfield, Grays Harbor, Klickitat, Lincoln, Okanogan,
Pacific, Pend Oreille, Stevens, Wahkiakum, Walla Walla, and Whitman counties and
the cities within those counties.
With limited exceptions, planning jurisdictions must review and, if needed, revise their
comprehensive plan and development regulations according to this recurring seven-year
statutory schedule. Exceptions include a three-year extension for qualifying counties with
fewer than 50,000 residents, qualifying cities with fewer than 5,000 residents, and provisions
for jurisdictions making substantial progress with certain regulatory requirements.
Jurisdictions that do not fully plan under the GMA must, except as otherwise provided, meet
review and revision requirements pertaining to critical areas and natural resource lands
according to this same schedule.
With some exceptions, only jurisdictions that are in compliance with the review and revision
requirements of the GMA according to the review schedule are eligible to receive financial
assistance from the Public Works Assistance Account and the Water Quality Account.
Summary of Bill (Recommended Substitute): Following the review of comprehensive
plans and development regulations that were to be completed by jurisdictions between
December 1, 2004, and December 1, 2007, counties and cities must review and, if needed,
revise their comprehensive plans and development regulations to ensure the plan and
regulations comply with the requirements of the GMA. The review deadlines are as follows:
• on or before December 1, 2014, and every seven years thereafter, for Clallam, Clark,
Jefferson, King, Kitsap, Pierce, Snohomish, Thurston, and Whatcom counties and the
cities within those counties;
• on or before December 1, 2015, and every seven years thereafter, for Cowlitz, Island,
Lewis, Mason, San Juan, Skagit, and Skamania counties and the cities within those
counties;
• on or before December 1, 2016, and every seven years thereafter, for Benton, Chelan,
Douglas, Grant, Kittitas, Spokane, and Yakima counties and the cities within those
counties; and
• on or before December 1, 2017, and every seven years thereafter, for Adams, Asotin,
Columbia, Ferry, Franklin, Garfield, Grays Harbor, Klickitat, Lincoln, Okanogan,
Pacific, Pend Oreille, Stevens, Wahkiakum, Walla Walla, and Whitman counties and
the cities within those counties.
Qualifying counties with fewer than 50,000 residents, and qualifying cities with fewer than
5,000 residents that are obligated to comply with review and revision requirements under
Senate Bill Report -2- SB 6611
these deadlines, and every seven years thereafter, may comply with these deadlines at any
time within three-years after the deadline.
Jurisdictions that comply with the review and revision deadlines, demonstrate substantial
progress toward compliance with the schedules for development regulations that protect
critical areas, or comply with three-year extension provisions, are eligible to receive financial
assistance from the Public Works Assistance Account and the Water Quality Account.
Amendments to a comprehensive land use plan and development regulations may be
considered more frequently than once a year for the development of an initial subarea plan
for economic development located outside the of the 100-year floodplain in a county that has
completed a state-funded pilot project that is based on watershed characterization and local
habitat assessment.
EFFECT OF CHANGES MADE BY GOVERNMENT OPERATIONS & ELECTIONS
COMMITTEE (Recommended Substitute): Allows an amendment to a comprehensive
plan that provides for the development of an initial subarea plan for economic development
located outside of the 100-year floodplain to be considered more frequently than once a year.
Appropriation: None.
Fiscal Note: Available.
Committee/Commission/Task Force Created: No.
Effective Date: Ninety days after adjournment of session in which bill is passed.
Staff Summary of Public Testimony on Original Bill: PRO: This bill is at the request of
the Department of Commerce (Commerce) and the Department of Ecology (Ecology).
Currently, shoreline master program updates and comprehensive plan updates are on the
same seven-year timeline. Historically, funding has been provided from the state to help
local governments with both of those updates. The Governor's budget removes the funding
to local governments to help with comprehensive plan updates and this bill extending the
timelines for three years is in response to this funding not being available to local
governments. The passage of this legislation will relieve counties with very limited
resources from having to do comprehensive plan updates without the assistance from the
state. This bill will set different update times for comprehensive plan updates and shoreline
master program updates. This bill helps every one of the 281 cities in Washington. Cities
and counties would like to see everything on a ten-year review cycle with the shoreline
master program updates a year or two after the comprehensive plan updates.
Persons Testifying: PRO: Leonard Bauer, Commerce; Lee Grose, Bob Johnson, Lewis
County; Tom Clingman, Ecology; April Putney, Futurewise; Josh Weiss, Washington
Association of Counties; Dave Williams, Association of Washington Cities.
Senate Bill Report -3 - SB 6611
ORDINANCE NO. 6 3 2 9
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF AUBURN, WASHINGTON, AMENDING
CHAPTER 14.22 OF THE AUBURN CITY CODE
RELATING TO REQUIREMENTS FOR UPDATING THE
COMPREHENSIVE PLAN
WHEREAS, cities and towns within King and Pierce Counties were required
to update their comprehensive plans in 2004 and every seven years thereafter;
and
WHEREAS, at the request of municipalities through the Association of
Washington Cities requested the State Legislature extend the deadline for
updating comprehensive plans; and
WHEREAS, the State Legislature adopted RCW 36.70A.130 changing the
updating requirements for municipalities to update their comprehensive plans and
for cities and towns within King and Pierce Counties the requirement is now
December 2014 and every seven years thereafter; and
WHEREAS, absent the change made by the State legislature the update to
the Comprehensive plan would be due in 2011; and
WHEREAS, the City Council finds that the proposed amendment is in
accordance with state law, to wit: RCW 36.70A.130.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Ordinance No. 6329
December 15, 2010
Page 1 of 4
Section 1. Amendment to City Code. That Section 14.22.020 of the Auburn
City Code entitled "Comprehensive plan adopted" be and the same hereby is
amended to read as follows:
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 (2-0' 2009).
6. Comprehensive Sewer Plan (2009).
7. Comprehensive Drainage Plan (42009).
8. Auburn Downtown Plan (May 2001).
9. Lakeland Hills Plan (1988).
10. Auburn Adventist Academy Plan (1991).
11. Auburn North Business Area Plan (1992). (Ord. 6172 § 1,
2008.)
Ordinance No. 6329
December 15, 2010
Page 2 of 4
Section 2. Amendment to City Code. That Section 14.22.070 of the
Auburn City Code entitled "Periodic assessment" be and the same hereby is
amended to read as follows:
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. , 2004, the
The city shall complete a comprehensive review of the comprehensive plan
and development regulations in order to update it as appropriate and to
ensure continued compliance with the Growth Management Act pursuant to
RCW 36.70A.130. (Ord. 6172 § 1, 2008.)
Section 3. Implementation. The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out the directions of
this legislation.
Section 4. Severability. The provisions of this ordinance are declared to
be separate and severable. The invalidity of any clause, sentence, paragraph,
subdivision, section or portion of this ordinance, or the invalidity of the application
thereof to any person or circumstance shall not affect the validity of the remainder
Ordinance No. 6329
December 15, 2010
Page 3 of 4
of this ordinance, or the validity of its application to other persons or
circumstances.
Section 5. 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-._
PASSED:
APPROVED:
CITY OF AUBURN
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam, City Clerk
ORM:
APPRO 4,Citt7yyAttor
ey
Dan . ei n
Published:
Ordinance No. 6329
December 15, 2010
Page 4 of 4