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HomeMy WebLinkAbout09-08-2014 PLANNING AND COMMUNITY DEVELOPMENT COMMITTEE AGENDA PACKETcrrr or -� AU.BURN WASH € NGTON Planning and Community Development September 8, 2014 - 5:00 PM Annex Conference Room 2 AGENDA CALL TO ORDER A. Roll Call B. Announcements 1. Presentation - Parks & Recreation Board (Faber) Parks, Arts, and Recreation Director Daryl Faber will provide a presentation on the 2014 plans and activities of the Parks and Recreation Board. C. Agenda Modifications CONSENT AGENDA A. Minutes - August 25, 2014* (Tate) DISCUSSION ITEMS A. Pierce County Countywide Planning Policies* (Chamberlain) Review the revised Countywide Planning Policies related to annexations and UGA expansions. B. "Investing in Place" Discussion (Tate /Snyder) Discussion of "Investing in Place" focusing on old and new amenities, beautification, and design to support short -term and long -term economic development efforts. C. Director's Report (Tate) D. PCDC Status Matrix* (Tate) IV. ADJOURNMENT Agendas and minutes are available to the public at the City Clerk's Office, on the City website (http: / /www.auburnwa.gov), and via e -mail. Complete agenda packets are available for review at the City Clerk's Office. *Denotes attachments included in the agenda packet. Page 1 of 65 AuBuRN ITY CAF � \VASH E NGTo AGENDA BILL APPROVAL FORM Agenda Subject: Minutes - August 25, 2014 Department: Community Development & Public Works Attachments: August 25, 2014 Draft M inutes Administrative Recommendation: Background Summary: Reviewed by Council Committees: Councilmember: Holman Meeting Date: September 8, 2014 Date: September 4, 2014 Budget Impact: $0 Staff: Tate Item Number: CA.A CA.A AUBURN * MORE THAN YOU IMAGINED Page 2 of 65 WASH 1 NGTONi Planning and Community Development August 25, 2014 - 5:00 PM Annex Conference Room 2 MINUTES I. CALL TO ORDER CA.A Chair Holman called the meeting to order at 5:00 p.m. in Annex Conference Room 2 located on the 2nd floor of One Main Professional Plaza, One East Main Street, Auburn, Washington. A. Roll Call Chair John Holman, Vice -Chair Largo Wales, and Member Yolanda Trout were present. Also present were Mayor Nancy Backus, Director of Community Development and Public Works Kevin Snyder, City Attorney Dan Heid, Assistant Police Chief William Pierson, Assistant Community Development Services Director Jeff Tate, Planning and Design Services Manager Elizabeth Chamberlain, and Community Development Secretary Tina Kriss. Members of the Audience present: Robert Whale of the Auburn Reporter; Chad Lorentz, AIA of Urbal Architecture, PLLC; John Walker of Teutsch Partners LLC; and Evan Lawler of Pillar Properties for Merrill Gardens. B. Announcements 1. Presentation - Police Patrol) Efforts Update (Pierson) Assistant Police Chief William Pierson reported on the City's enhanced police patrol efforts in the Auburn Les Gove Park and downtown areas. On around June 1, 2014 bicycle patrol efforts emphasizing on changing the behavior of certain individuals and changing the perception of safety began. During the period from June 1 through the end of July 2014 the Auburn Police experienced an increase in incidents due to the enhanced police presence. With arrests, the issuance of citations, traffic stops, and other incidents the department believes the perception of safety will continue to improve. The Committee and staff discussed any additional efforts on the part of Council that could assist the police with their efforts. Assistant Chief Pierson stated that he would look into other tools that may be helpful to the department but Page 1 of 4 Page 3 of 65 that "boots on the ground" are a component that will increase the perception of safety in these areas. C. Agenda Modifications II. CONSENT AGENDA A. Minutes - July 28, 2014 (Tate) Member Trout moved and Vice -Chair Wales seconded to recommend Planning and Community Development Committee approve the July 28, 2014 minutes as written. Motion unanimously approved. 3 -0 III. ACTION A. Ordinance No. 6525 (Chamberlain /Heid) Planning and Design Services Manager Elizabeth Chamberlain provided the staff report on Ordinance No. 6525. On August 6, 2014 staff brought forward Ordinance No. 6525 (Option 1 and Option 2) before the Planning Commission for Public Hearing. After hearing public testimony from the public, the Planning Commission recommended moving forward Ordinance No. 6525, Option 2 to full Council for approval. Option 2 is for the City of Auburn to enforce the State marijuana regulations only. At the August 25, 2014 Municipal Services Committee meeting, the Committee requested that the Council extend the moratorium currently in place for an additional six months while the Council continues to explore and discuss 1 -502 options. Staff reviewed the map showing the potential state licensed locations for cannabis uses. The Committee and staff discussed various active court cases and options for extending the moratorium. After discussion, the Commission expressed support of Ordinance No. 6525, Option 2. This would include the termination of the moratorium, implemented pursuant to Resolution No. 4992, upon the date this Ordinance becomes effective. Vice -Chair Wales moved and Member Trout seconded to recommend moving Ordinance No. 6525 to full Council for approval, with termination of moratorium upon the date Ordinance No. 6525 becomes effective. Motion unanimously carried. 3 -0 IV. DISCUSSION ITEMS Page 2 of 4 CA.A Page 4 of 65 A. Amendment to the Downtown Urban Center Design Standards and Auburn Junction Design Guidelines (Chamberlain) Planning and Design Services Manager Elizabeth Chamberlain presented the staff report and reviewed the proposed amendments to the Downtown Urban Center (DUC) Design Standards and the Auburn Junction Design Guidelines. After review of the proposed amendments, the Committee determined that they were supportive of the proposed amendments. Vice -Chair Wales moved and Member Trout seconded to recommend staff amend the DUC Design Standards to change Division Street from a Pedestrian I Street to a Pedestrian II Street and amend the Auburn Junction Design Guidelines to change the core downtown streets to be in line with the Downtown Urban Center (DUC) Design Standards so that both documents are consistent. Motion unanimously approved. 3 -0 Chair Backus invited representatives from Teutsch Partners, LLC. to come forward for comment: John Walker, Teutsch Partners, LLC., 2001 Western Ave., Suite 330, Seattle Mr. Walker thanked City staff for their collaboration in bringing forward the project, Merrill Gardens. This is a "U- shaped building" with a central courtyard, the courtyard will provide public and private use. Mr. Walker introduced Architect Chad Lorentz to the Committee. Chad Lorentz, AIA, 1938 Fairview Ave E., #100, Seattle Mr. Lorentz stated that Merrill Gardens is a very community based and family run organization; there is a lot of active space designed into the project to embrace the community. Active space will be located at the street front and the corners of Division Street, to create a store front look the space was designed with to draw people outside, benefiting the residents and the City. Evan Lawler, of Pillar Properties, 1938 Fairview Avenue East, Suite 300, Seattle was also present. B. "Investing in Place" Discussion (Tate /Snyder) Assistant Director Tate provided background information on "Investing in Place ", focusing on old and new amenities, beautification, and design to support short -term and long -term economic development efforts. Staff provided a PowerPoint presentation. "Investing in Place" can be achieved through small or large investments. As the downtown buildings become activated Page 3 of 4 CA.A Page 5 of 65 and occupied, it would be beneficial to update other areas of the City. Awning improvements, new paint, updated door fronts, and other improvements would aesthetically improve the City at a small cost. These low cost improvements in the area of A Street off Main and Auburn Way may provide attributes to Auburn that would encourage visitors to return. The Committee took a break at 6:23 p.m. Chair Holman did not resume the meeting due to an emergency. C. Director's Report (Tate) This item did not go forward, staff will provide an update at the next Planning and Community Development Committee meeting. D. PCDC Status Matrix (Tate) This item did not go forward, staff will provide an update at the next Planning and Community Development Committee meeting. V. ADJOURNMENT There being no further business to come before the Planning and Community Development Committee, the meeting was adjourned at 6:43 p.m. Approved this day of , 2014. John Holman - Chair Tina Kriss - Community Development Secretary CA.A Page 4 of 4 Page 6 of 65 AuBuRN I YOF � \VASH E NGTo Agenda Subject: Pierce County Countywide Planning Policies Department: Community Development & Public Works AGENDA BILL APPROVAL FORM Attachments: Pierce County CPP Administrative Recommendation: For discussion only Background Summary: Please see the attached memorandum. Reviewed by Council Committees: Councilmember: Holman Meeting Date: September 8, 2014 Date: September 4, 2014 Budget Impact: $0 Staff: Chamberlain Item Number: DI.A DI.A AUBURN * MORE THAN YOU IMAGINED Page 7 of 65 CITY OF WASHINGTON MEMORANDUM TO: Councilmember John Holman, Chair, Planning and Community Development Committee Councilmember Largo Wales, Vice Chair, Planning and Community Development Committee Councilmember Yolanda Trout, Planning and Community Development Committee CC: Jeff Tate, Assistant Director, Community Development Services FROM: Elizabeth Chamberlain, AICP, Planning and Design Services Manager DATE: September 5, 2014 RE: Pierce County Countywide Planning Policies — Amendment related to Annexations and Urban Growth Area Expansions Background In 2012, the Pierce County Countywide Planning Policies (CPPs) amendments consistent with Puget Sound Regional Council's Vision 2040 became effective. Auburn ratified the amendments November 2011. When those amendments were sent to Washington State Department of Commerce for review by Pierce County (as required by RCW), Commerce commented on the UGA and Annexation policies recommending that Pierce County relook at those to be consistent with state law. There have also been Growth Management Hearings Board decisions as well as a Superior Court decision involving the City of Bonney Lake that clearly determine how urban growth areas are to be expanded consistent with the Growth Management Act. In 2013 when Pierce County was amending its Comprehensive Plan to be consistent with the CPPs, the Pierce County Regional Council (PCRC) considered an amendment that would have amended Pierce County's comprehensive plan policies and required a county -wide need for growth capacity prior to allowing an Urban Growth Area expansion, rather than allowing for an individual jurisdiction to expand based on individual capacity need. This amendment would have made Pierce County's comprehensive plan consistent with the already adopted CPPs (the 2012 effective version). At that time, some PCRC members were concerned with this limitation for individual jurisdictions and did not take action on Pierce County's comprehensive plan amendment and remanded the issued back to Growth Management Coordination Committee (GMCC) for consideration. Discussion After several months of discussion, the GMCC recommended 3 options to the PCRC (see Attachment C). Part of the GMCC recommendation also included the following: DI.A Page 11 Page 8 of 65 • A terminology change from "urban service area" to "Potential Annexation Area ", similar to how King County designates areas to be annexed to cities • An encouragement of joint planning agreements for existing areas affiliated with cities and towns • Exploring and establishing financial incentives for annexation • Limiting cities and tows to annex territory within their adopted PAA • Joint grant funding opportunities • Unincorporated islands as top priority for annexation This was presented to the PCRC at their May 15, 2014 meeting. At the conclusion of the discussion, PCRC recommended approval of Option 3 which did not change the CPPs related to amendments and transitions but did amend the CPPs as noted above. Amendments to the CPPs must be ratified by 60 percent of the jurisdictions in Pierce County representing 75 percent of the total population. Cities and towns have the option of passing an ordinance /resolution or if not in favor of the proposal passing a resolution in opposition. If no action is taken by a jurisdiction within 180 days or by December 21, 2014 that is seen as approval. Recommendation Staff recommends that the Planning and Community Development Committee discuss the amendments to the CPPs. If there is concurrence amongst the Committee to move forward, staff will bring back a resolution for ratification. Attachments Attachment A: Cover Memo Pierce County Regional Council Attachment B: Pierce County Ordinance No. 2014 -17s Attachment C: Memo from Growth Management Coordinating Committee outlining staff's recommendation to Pierce County Regional Council Attachment D: RCW and Court Case Summary DI.A Page 9 of 65 Page 1 2 DATE: August 5, 2014 Pierce County Regional Council 2401 South 35th Street, Room 175 Tacoma, Washington 98409 -7460 TO: Pierce County City and Town Mayors and Council Members Pierce County Regional Council Members (PCRC) Pierce County City and Town Clerks Attachment A RE: Interlocal Agreement - Amendments to the Pierce County Countywide Planning Policies, Potential Annexation Areas (PAAs) The Pierce County Regional Council (PCRC) recommended the enclosed amendment to the Pierce County Countywide Planning Policies (CPPs). As the first step in the ratification process, the Pierce County Council adopted Ordinance No. 2014 -17s on June 24, 2014. This action signifies Pierce County's approval of the proposed amendment to set guidelines in the establishment of Proposed Annexation Areas (PAAs), and authorizes the Pierce County Executive to execute interlocal agreements with the Cities and Towns of Pierce County to ratify the proposal. This correspondence is the official transmittal of the PCRC's recommendation to amend the CPPs, and request for ratification of the proposal. The proposal refines and adds various policies addressing the annexation of unincorporated urban areas by adjacent cities and towns: 1) Establishing "Potential Annexation Areas" (PAAs). A Potential Annexation Area refers to an unincorporated area within the designated urban growth area which a city or town has identified as being appropriate for annexation at some point in the future; and 2) Relabeling "urban service areas" designated within the Pierce County Comprehensive Plan at the conclusion of its 2013 amendment cycle as a PAA for the appropriate jurisdiction. As related to the PAAs: • Require jurisdictions to identify PAAs within their respective comprehensive plan; • Require joint planning agreements prior to expanding or adding to the existing PAAs; • Encourage the resolution of existing overlaps; • Discourage the creation of unaffiliated "islands" between cities and towns; and, • Encourage the resolution of split parcels prior to the initial designation of PAAs. 3) Pursuing a more coordinated strategy to encourage annexation of areas within designated Urban Growth Areas (UGA). This strategy encompasses: • Encouraging joint planning agreements and annexation plans for existing areas affiliated with cities and towns; • Limiting cities and towns to the annexation of territory only within their adopted PAA; • Exploring and establishing financial incentives to encourage annexation of unincorporated urban areas; • Exploring potential partnerships between the County and cities /towns in grant funding opportunities to overcome annexation obstacles; • Encouraging cities and towns to include a mix of existing commercial, residential, and vacant areas, if appropriate, in future annexation proposals; DI .A Page 10 of 65 Pierce County Mayors, Council Members, PCRC Members, Clerks August 6, 2014 Page 2 • Identifying unincorporated "islands" between cities and towns as the County's highest priority for annexation; and, • The County supporting annexation of an area if a joint planning agreement has been signed with the respective city or town. For this proposal to be amended into the CPPs, it must be ratified by Pierce County jurisdictions. Ratification is achieved once 60 percent of the jurisdictions in Pierce County representing 75 percent of the total population approve the proposal. Demonstration of approval may be executed through an interlocal agreement, or the absence of a legislative action to disapprove the proposed amendment by December 21, 2014. Note: This is the 180 -day approval process established through amendments to the CPPs. If your jurisdiction is in favor of this proposal, it may either: • Pass an ordinance /resolution within the interlocal agreement and PAA amendment language; or • Take no action addressing the proposed amendment. If your jurisdiction is not in favor of the proposal, it should pass a resolution stating its opposition. Please send a signed copy of the resolution to Cindy Anderson, Pierce County Planning and Land Services, 2401 South 35th Street, Room 175, Tacoma, WA 98409. The resolution must be received no later than December 21, 2014. The Pierce County Ordinance, which includes the interlocal agreement and amendments to the Countywide Planning Policies, and an explanatory sheet are included for your convenience. Note that jurisdictions do not have the ability to make line item modifications. If your jurisdiction takes action to ratify the proposal, send two original signed copies of the interlocal agreement and a copy of your resolution, ordinance, or meeting minutes authorizing approval to: Pierce County Planning and Land Services Attn: Cindy Anderson 2401 South 35th Street, Room 175 Tacoma, WA 98409 All information must be received in our office no later than December 21, 2014. One copy will be returned to your jurisdiction after it has been signed by the Pierce County Executive. Thank you for your assistance. If you have any questions, please contact Dan Cardwell at dcardwe@co.pierce.wa.us, (253) 798 -7039, or Cindy Anderson at cander5@co.pierce.wa.us, (253) 798 -2630. Sincerely, Cindy Anderson Clerk, Pierce County Regional Council Enclosures c: Growth Management Coordinating Committee jliAn \perc \countywide planning policies \annexation\PAA Interlocal Agreement Ltr 8 05 14.docx Page 11 of 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Attachment B Sponsored by: Councilmembers Rick Talbert, Stan Flemming, Connie Ladenburg, and Dan Roach Requested by: Executive /Planning and Land Services ORDINANCE NO. 2014 -17s An Ordinance of the Pierce County Council Acknowledging its Approval of a Proposed Amendment to Incorporate Annexation Policies in the Pierce County Countywide Planning Policies as Recommended by the Pierce County Regional Council; Authorizing the Pierce County Executive to Execute Interlocal Agreements with the Cities and Towns of Pierce County to Ratify the Proposed Amendments; Amending Chapter 19D.240 of the Pierce County Code, "Pierce County Countywide Planning Policies," Upon Ratification; and Adopting Findings of Fact. Whereas, the Pierce County Regional Council (PCRC) was created in 1992 by interlocal agreement among the cities and towns of Pierce County and Pierce County Government (the County), and charged with responsibilities, including: Serving as a local link to the Puget Sound Regional Council, promoting intergovernmental cooperation, facilitating compliance with the coordination and consistency requirements of the Growth Management Act (Chapter 36.70A. Revised Code of Washington [RCW]) and the Regional Transportation Planning Organization (Chapter 47.80 RCW), and developing a consensus among jurisdictions regarding the development and modification of the Pierce County Countywide Planning Policies (CPPs); and Whereas, the CPPs are written policy statements which are to be used solely for establishing a countywide framework from which the County and municipal comprehensive plans are developed and adopted; and Whereas, the framework is intended to ensure that the County and municipal comprehensive plans are consistent; acid Whereas, the County adopted its initial CPPs on June 30, 1992; and Whereas, the Pierce County Growth Management Coordinating Committee (GMCC) is a technical subcommittee to the PCRC, and the GMCC includes staff representatives from the County and the cities and towns within Pierce County; and Whereas, the PCRC, based upon the recommendation from the GMCC and its own discussions, recommended approval of the proposal at its October 17, 2013 meeting; and DI.A Ordinance No. 2014 -17s Page 1 of 3 Pierce County CourIa 930 Tacoma Ave S Rai 1046 Tacoma, WA 98402 of 65 Whereas, amendments to the CPPs must be adopted through amendment of the original interlocal agreement or by a new interlocal agreement ratified by 60 percent of member jurisdictions in Pierce County representing 75 percent of the total population; and Whereas, demonstration of ratification shall be by execution of an interlocal agreement or the absence of a legislative action to disapprove a proposed amendment; and Whereas, an Interlocal Agreement entitled "Amendments to the Pierce County Countywide Planning Policies" has been developed for this purpose, and is included as Exhibit B to this Ordinance; and Whereas, a jurisdiction shall be deemed as casting an affirmative vote if it has not taken legislative action to disapprove a proposed amendment within 180 days from the date the Pierce County Council formally authorizes the Pierce County Executive to enter into an interlocal agreement; and Whereas, when ratified by the necessary number of cities and towns, Section 19D.240 of the Pierce County Code (PCC), "Pierce County Countywide Planning Policies ", shall be amended by a subsequent ordinance of the County Council to incorporate the recommended proposal; and Whereas, the Pierce County Planning Commission, at its November 26, 2013, regular public hearing, reviewed the proposed amendments to the CPPs and recommended approval; and Whereas, the Pierce County Environmental official has determined the proposal is exempt from SEPA per WAC 197 -11 -800 (19); and Whereas, after a properly noticed public hearing, the Community Development Committee of the Pierce County Council considered oral and written testimony and forwarded its recommendation to the full County Council; and Whereas, the County Council held a public hearing on June 24, 2014, where oral and written testimony was considered; and Whereas, the County Council finds that it is in the public interest to authorize the Pierce County Executive to execute the interlocal agreement; Now Therefore, BE IT ORDAINED by the Council of Pierce County: Section 1. The Pierce County Council acknowledges its approval of the amendments to the CPPs recommended by the Pierce County Regional Council as set forth in Exhibit A, which is attached hereto and incorporated herein by reference. DI.A Ordinance No. 2014 -17s Page 2 of 3 Pierce County Couip' 930 Tacoma Ave S, Rm 104G- Tacoma, WA 98402 of 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 Section 2. The Pierce County Council authorizes the Pierce County Executive to execute Interlocal Agreements as set forth in Exhibit B, which is attached hereto and incorporated herein by reference, thereby ratifying the attached amendments to the CPPs and amending Chapter 19D.240 of the Pierce County Code as recommended by the Pierce County Regional Council. Section 3. The Pierce County Council adopts Findings of Fact as shown in Exhibit C, which is attached hereto and incorporated herein by reference. PASSED this (h r day of �¢— , 2014. ATTEST: s,e \e, (SD Denise D. Johnson Clerk of the Council Date of Publication of Notice of Public Hearing: Effective Date of Ordinance: DI.A PIERCE COUNTY COUNCIL Pierce County, Washington / 1 Dan Roach Council air If Pat McCarth Pierce County ` xecutive Approved toed day of 2014. swt , a-014 907)1 , a-014 Ordinance No. 2014 -17s Page 3 of 3 , this Pierce County Co ys;h, 930 Tacoma Ave 9, Rm 9 cg Tacoma, WA 98492 of 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 DI.A Exhibit A to Ordinance No. 2014 -17s Proposed Amendments to the Pierce County Countywide Planning Policies Addressing Potential Annexation Areas and Annexation Exhibit A to Ordinance No. 2014 -17s Page 1 of 15 Pierce County Couril 930 Tacoma Ave S, Rm 1049 Tacoma, WA 98402 of 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 COUNTYWIDE PLANNING POLICY ON URBAN GROWTH AREAS, PROMOTION OF CONTIGUOUS AND ORDERLY DEVELOPMENT AND PROVISION OF URBAN SERVICES TO SUCH DEVELOPMENT Background - Requirements of Growth Management Act The Washington State Growth Management Act has as planning goals the encouragement of development in urban areas where adequate public facilities and services exist or can be provided in an efficient manner [RCW 36.70A.020(1)],the reduction of sprawl (Le., the inappropriate or premature conversion of undeveloped land into low- density development) [RCW 36.70A.020(2)], and the provision of adequate public facilities and services necessary to support urban development at the time the development is available for occupancy and use (without decreasing current service levels below locally established minimum standards) [RCW 36.70A.020(12)] as planning goals. The Growth Management Act further requires (1) that the County designate an "urban growth area" (UGA) or areas within which urban growth shall be encouraged and outside of which growth shall occur only if it is not "urban" in character; (2) that each municipality in the County be included within an UGA; (3) that an UGA include territory outside of existing municipal boundaries only if such territory is characterized by urban growth or is adjacent to territory that is already characterized by urban growth. [RCW 36.70A.110(1); for definition of "urban growth" see RCW 36.70A.030(17).] The designated UGAs shall be of adequate size and appropriate permissible densities so as to accommodate the urban growth that is projected by the State Office of Financial Management to occur in the County for the succeeding 20 -year period. While each UGA shall permit urban densities, it shall also include greenbelt and open space areas [RCW 36.70A.110(2)]. As to the timing and sequencing of urban growth and development over the 20 -year planning period, urban growth shall occur first in areas already characterized by urban growth that have existing public facility and service capacities to service such development, second in areas already characterized by urban growth that will be served by a combination of both existing public facilities and services and any additional needed public facilities and services that are provided by either public or private sources [RCW 36.70A.110(3)]. Urban government services shall be provided primarily by cities, and it is not appropriate that urban governmental services be extended to or expanded in rural areas except in those limited circumstances shown to be necessary to protect basic public health and safety and environment, and when such services are financially supportable at rural densities and do not permit urban development [RCW 36.70A.110(4)]. The Growth Management Act Amendments expressly require that countywide planning policies address the implementation of UGA designations [RCW 36.70A.210(3)(a)], the promotion of contiguous and orderly development, the provision of urban services to such development [RCW 36.70A.210(3)(b)], and the coordination of joint county and municipal planning within UGAs [RCW 36.70A.210(3)(f)]. DI.A Exhibit A to Ordinance No. 2014 -17s Page 2 of 15 Pierce County Courps 930 Tacoma Ave S, Rm 110104 Tacoma, WA 98402 of 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 VISION 2040 Multicounty Planning Policies (MPPs) VISION 2040 calls for a more efficient, sustainable, and strategic use of the region's land. It identifies urban lands as a critical component to accommodate population and employment growth in a sustainable way. VISION 2040 calls for directing development to the region's existing urban lands, especially in centers and compact communities, and limiting growth on rural lands. The Regional Growth Strategy found in VISION 2040 allocates 93 percent of the region's future population growth and 97 percent of its employment growth into the existing urban growth area. Cities are divided into four distinct groups: Metropolitan Cities, Core Cities, Large Cities, and Small Cities. An additional geography is Unincorporated Urban Growth Areas. VISION 2040 recognizes that unincorporated urban lands are often similar in character to cities they are adjacent to, calling for them to be affiliated with adjacent cities for joint planning purposes and future annexation. VISION 2040 recognizes that compact development creates vibrant, livable, and healthy urban communities that offer economic opportunities for all, provide housing and transportation choices, and use our resources wisely. The Multicounty Planning Policies support the effective use of urban land and include provisions that address brownfield and contaminated site clean -up, the development of compact communities and centers with pedestrian - friendly, transit - oriented locations and a mix of residences, jobs, retail, and other amenities, and the siting of facilities and major public amenities in compact urban communities and centers. VISION 2040 recognizes that centers provide easy access to jobs, services, shopping, and entertainment. With their mix of uses and pedestrian - friendly design, they can rely less on forms of transportation that contribute to air pollution and greenhouse gas emissions. VISION 2040 identifies 27 regional growth centers. These places play an important role as locations of the region's most significant business, governmental, and cultural facilities. The 18 cities that have one or more regional growth centers are expected to accommodate a significant portion of the region's residential growth (53 percent) and employment growth (71 percent). VISION 2040 calls for local jurisdictions with regional growth centers to adopt housing and employment targets for each center. Eight regional manufacturing/industrial centers have also been designated. These are locations for more intensive commercial and industrial activity. Both regional growth centers and regional manufacturing/industrial centers are focal points for economic development and transportation infrastructure investments. Subregional centers, including downtowns in suburban cities and other neighborhood centers, also play an important role in VISION 2040's Regional Growth Strategy. These, too, are strategic locations for concentrating jobs, housing, shopping, and recreational opportunities. VISION 2040 calls for each of the region's cities to develop one or more central places as compact mixed -use hubs for concentrating residences, jobs, shops, and community facilities. DI.A Exhibit A to Ordinance No. 2014 -17s Page 3 of 15 Pierce County Cou i% 930 Tacoma Ave 8, Rm 3 4 Tacoma, WA 98402 of 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Urban services addressed in VISION 2040 include wastewater and stormwater systems, solid waste, energy, telecommunications, emergency services, and water supply. An overarching goal of VISION 2040 is to provide sufficient and efficient public services and facilities in a manner that is healthy, safe, and economically viable. Conservation is a major theme throughout VISION 2040. The Multicounty Planning Policies address increasing recycling and reducing waste and encouraging more efficient use of water, low - impact development techniques, and renewable and alternative energy. The Multicounty Planning Policies also address siting of public facilities and the appropriateness and scale of particular public services. VISION 2040 calls for jurisdictions to invest in facilities and amenities that serve centers and restrict urban facilities in rural and resource areas. The Multicounty Planning Policies also discourage schools and other institutions serving urban residents from locating outside the urban growth area. Principles of Understanding Between Pierce County and the Municipalities in Pierce County While following the goals and regulations of the Growth Management Act, Pierce County and the municipalities in Pierce County will strive to protect the individual identities and spirit of each of our cities and of the rural areas and unincorporated communities. Further agreements will be necessary to carry out the framework of joint planning adopted herein. These agreements will be between the County and each city and between the various cities. The services provided within our communities by special purpose districts are of vital importance to our citizens. Consistent with the adopted regional strategy, these districts will be part of future individual and group negotiations under the framework adopted by the County and municipal governments. While the Growth Management Act defines sewer service as an urban service, Pierce County currently is a major provider of both sewer transmission and treatment services. The County and municipalities recognize that it is appropriate for the County and municipalities to continue to provide sewer transmission and treatment services. The County recognizes that unincorporated lands within UGAs are often Potential Annexation Areas for cities. Although annexation is preferred, these are also areas where incorporation of new cities could occur. The County will work with existing municipalities and emerging communities to make such transitions efficiently. The identification of "Potential Annexation Areas" (PAAs) is intended to serve as the foundation for future strategies to annex areas within the urban growth area. A Potential Annexation Area refers to an unincorporated area within the designated urban growth area which a city or town has identified as being appropriate for annexation at some point in the future. A Potential Annexation Area designation does not obligate a jurisdiction to annex an area within a defined timeline. It is the County's authority, in consu[tation with cities and towns, to adopt the urban growth area(s), and identify individual Potential Annexation Areas. DI.A Exhibit A to Ordinance No. 2014 -17s Page 4 of 15 Pierce County Cou 930 Tacoma Ave S, Rm 04 Tacoma, WA 98402 of 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 In order to promote logical, orderly, and systematic annexations of the urban growth area(s), the County in partnership with cities and towns, should establish joint planning agreements and annexation plans prior to expanding or adding to existing PAAs. Creation of new PAAs prior to the annexation of existing PAAs may directly impact Pierce County government and its service obligations, and may undermine the transition of existing unincorporated lands into cities and towns. The County encourages cities and towns to annex land within its respective PAAs. The County recognizes cities and towns may not have a financial incentive to annex areas that will require more expenditures than the revenue produced through property or sales tax. Jurisdictions need to be creative in identifying potential financial incentives, in addition to establishing partnerships to overcome the financial obstacles. As a means to allocate resources, the County should prioritize the PAAs, with the highest being unincorporated "islands" between cities and towns. Pierce County shall support future annexations for areas in which a joint planning agreement exists between the County and appropriate city or town. At the same time, annexations and incorporations have direct and significant impacts on the revenue of County government, and therefore, may affect the ability of the County to fulfill its role as a provider of certain regional services. The municipalities will work closely with the County to develop appropriate revenue sharing and contractual services arrangements that facilitate the goals of GMA. The Countywide Planning Policies are intended to be the consistent "theme" of growth management planning among the County and municipalities. The policies also spell out processes and mechanisms designed to foster open communication and feedback among the jurisdictions. The County, and the cities and towns, will adhere to the processes and mechanisms provided in the policies. Growth Targets The Regional Growth Strategy set forth in VISION 2040 provides guidance for the distribution of future population and employment growth through the year 2040 within the Central Puget Sound Region. This strategy, in combination with the Office of Financial Management's population forecasts, provides a framework for establishing growth targets consistent with the requirements of the Growth Management Act. Consistent with VISION 2040, these growth targets are the minimum number of residents, housing units, or jobs a given jurisdiction is planning to accommodate within the appropriate planning horizon and are informational tools integrated into local land use plans to assist in formulating future residential and employment land needs. These targets are to be developed through a collaborative countywide process that ensures all jurisdictions are accommodating a fair share of growth. Achievement of the future envisioned by VISION 2040 will be challenging. Jurisdictions in some regional geographies will likely be planning for growth targets that are above or below the policy direction set by the Regional Growth Strategy because they are on a DI.A Exhibit A to Ordinance No. 2014 -17s Page 5 of 15 Pierce County Coup6 930 Tacoma Ave 9, Rm 1 4 Tacoma, WA 98402 of 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 front- or back - loaded growth trajectory toward 2040. In other regional geographies, recent growth has been at such significant odds with the policy direction set by the Regional Growth Strategy (such as recent growth in unincorporated urban Pierce County from 2000 to 2007 has already accounted for more than half of the 40 -year growth allocation), that the 2040 goal will likely be exceeded. In such cases, jurisdictions are asked to set growth targets as close to VISION 2040 as reasonably possible in an effort to "bend the trend" of future growth to more closely conform to the Regional Growth Strategy. If a jurisdiction's adopted target is lower or higher than expected from a straight -line application of the Regional Growth Strategy, certification by the Puget Sound Regional Council (PSRC) will be based on the actions and measures taken or proposed to be put in place to bend the trend, not just on an assessment of the adopted targets. It is recognized that some of the urban growth areas in existence prior to the adoption of VISION 2040 may contain more potential housing and employment capacity based upon zoning, allowed density, land division patterns, and other factors than is needed to accommodate the growth target of the associated geography. In many cases, these urban growth areas have been in existence for a decade or more, contain existing development patterns, which are urban in character, and are served by sanitary sewer and other urban infrastructure. These areas are largely expected to remain within the urban growth area consistent with their urban character. Expansion of the urban growth area boundaries that do not comply with provisions in the Amendments and Transition section of these policies is acknowledged to be inconsistent with CPPs and is strongly discouraged. Centers Centers are to be areas of concentrated employment and/or housing within UGAs which serve as the hubs of transit and transportation systems. Centers and connecting corridors are integral to creating compact urban development that conserves resources and creates additional transportation, housing, and shopping choices. Centers are an important part of the regional strategy (VISION 2040) for urban growth and are required to be addressed in the Countywide Planning Policies. Centers will become focal points for growth within the County's UGA and will be areas where public investment is directed. Centers are to: • be priority locations for accommodating growth; • strengthen existing development patterns; • promote housing opportunities close to employment; • support development of an extensive multimodal transportation system which reduces dependency on automobiles; • reduce congestion and improve air quality; and • maximize the benefit of public investment in infrastructure and services. VISION 2040, the adopted regional growth strategy, identifies several centers as an integral feature for accommodating residential and employment growth. The strategy describes Regional Growth Centers, and other centers that may be designated through DI.A Exhibit A to Ordinance No. 2014 -17s Page 6 of 15 Pierce County Courp 930 Tacoma Ave 8, Rm 1 4 Tacoma, WA 98402 of 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 countywide processes or locally. Regional Growth Centers once regionally designated are located either in Metropolitan Cities, or in Core Cities. VISION 2040 also identifies Manufacturing /Industrial Centers, which consist primarily of manufacturing and industrial uses. Pierce County has five Regional Growth Centers and two Manufacturing /Industrial Centers that have been adopted into the regional growth strategy. Pierce County Regional Growth Centers are located in Tacoma, which is a Metropolitan City, and in Lakewood and Puyallup, which are Core Cities. Regional Growth Centers in the Metropolitan City Tacoma Central Business District Tacoma Mall Regional Growth Centers in Core Cities Lakewood Puyallup Downtown Puyallup South Hill Currently there are no designated Countywide Centers. Manufacturing /Industrial Centers are areas where employee- or land- intensive uses will be located. These centers differ from Regional Growth Centers in that they consist of an extensive land base and the exclusion of non - manufacturing or manufacturing - supportive uses is an essential feature of their character. These areas are characterized by a significant amount of manufacturing, industrial, and advanced technology employment uses. Large retail and non - related office uses are discouraged. Other than caretakers' residences, housing is prohibited within Manufacturing /industrial Centers. However, these centers should be linked to high density housing areas by an efficient muitimodal transportation system. The efficiency of rail and overland freight to markets is the critical element for manufacturers and industries located in these centers. The designated Manufacturing /Industrial Centers, within Pierce County are as follows: Manufacturing / Industrial Centers Frederickson Port of Tacoma Within Pierce County, a limited number of additional centers may be designated through amendment of the Countywide Planning Policies consistent with the process below. Designated centers may vary substantially in the number of households and jobs they contain today. The intent of the Countywide Planning Policies is that Regional Growth Centers become attractive places to live and work, while supporting efficient public services such as transit and being responsive to the local market for jobs and housing. The Countywide Planning Policies establish target levels for housing and employment needed to achieve the benefit of a center. Some centers will reach these levels over the DI.A Exhibit A to Ordinance No. 2014 -17s Pierce County Coup% 930 Tacoma Ave S, Rai 1046 Tacoma, WA 98402 Page 7 of 15 of 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 next twenty years, while for others the criteria set a path for growth over a longer term, providing capacity to accommodate growth beyond the twenty year horizon. County -Level Centers Designation Process The County and any municipality in the County that is planning to include a Metropolitan City Center, Regional Growth Center, Countywide Center or Manufacturing / Industrial Center within its boundaries shall specifically define the area of such center within its comprehensive plan. The comprehensive plan shall include policies aimed at focusing growth within the center and along corridors consistent with the applicable criteria contained within the Countywide Planning Policies. The County or municipality shall adopt regulations that reinforce the center's designation. No more often than once every two years, the Pierce County Regional Council (PCRC) shall invite jurisdictions with centers already adopted in their comprehensive plan that seek to be designated as centers in the Countywide Planning Policies to submit a request for such designation. Said request shall be processed in accordance with established procedures for amending the Countywide Planning Policies. Each jurisdiction seeking to have a center designated in the Countywide Planning Policies shall provide the PCRC with a report demonstrating that the proposed center meets the minimum criteria for designation together with a statement and map describing the center, its consistency with the applicable Countywide Planning Policies, and how adopted regulations will serve the center. Transit services shall be defined in the broadest sense and shall include local and regional bus service, rail where appropriate, vanpool, carpool, and other transportation demand measures designed to reduce vehicle trips. The minimum designation criteria to establish a candidate center by type are as follows: DI.A Metropolitan City Center Area: up to 1-1/2 square miles in size; Capital Facilities: served by sanitary sewers; Employment: a minimum of 25 employees per gross acre of non - residential lands with a minimum of 15,000 employees; Population: a minimum of ten households per gross acre; and Transit: serve as a focal point for regional and local transit services. Regional Growth Center Area: up to 1 -1/2 square miles in size; Capital Facilities: served by sanitary sewers; Employment: a minimum of 2,000 employees; Population: a minimum of seven households per gross acre; and Transit: serve as a focal point for regional and local transit services. Exhibit A to Ordinance No. 2014 -17s Page 8 of 15 Pierce County Courph 930 Tacoma Ave S, Rm 1t47 Tacoma, WA 98402 of 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Countywide Center Area: up to one square mile in size; Capital Facilities: served by sanitary sewers; Employment: a minimum of 1,000 employees; Population: a minimum of 6 households per gross acre; and Transit: serve as a focal point for local transit services. Manufacturing / Industrial Center Capital Facilities: served by sanitary sewers; Employment: a minimum of 7,500 jobs and/or 2,000 truck trips per day; and Transportation: within one mile of a state or federal highway or national rail line. The minimum criteria report and statement shall be reviewed by the Growth Management Coordinating Committee (GMCC) for consistency with Countywide Planning Policies, the Transportation Coordination Committee (TCC) for consistency with transportation improvements plans of WSDOT, and with Pierce Transit's comprehensive plan. The coordinating committees shall provide joint recommendation to the PCRC. Once included in the Countywide Planning Policies, the jurisdiction where a center is located may go on to seek regional designation of the center from the Puget Sound Regional Council (PSRC) in accordance with its established criteria and process. In order to be designated a Regional Growth Center the center should meet the regional criteria and requirements including those in VISION 2040, the regional growth, economic and transportation strategy as may be amended and designated by the Puget Sound Regional Council. After county -level designation occurs within the Countywide Planning Policies and until regional -level designation by the PSRC occurs the center shall be considered a "candidate" Regional Growth Center. Each jurisdiction which designates a Regional Growth Center shall establish 20 -year household and employment growth targets for that Center. The expected range of targets will reflect the diversity of the various centers and allow communities to effectively plan for needed services. The target ranges not only set a policy for the level of growth envisioned for each center, but also for the timing and funding of infrastructure improvements. Reaching the target ranges will require careful planning of public investment and providing incentives for private investments. Three candidate regional centers have been included into the Countywide Planning Policies. One of the candidate centers is a Regional Growth Center and the other two candidate centers are an Industrial /Manufacturing Center. Candidate Regional Centers University Place — Candidate Regional Growth Center South Tacoma — Candidate Industrial /Manufacturing Center Sumner - Pacific — Candidate Industrial /Manufacturing Center DI.A Exhibit A to Ordinance No. 2014 -17s Page 9 of 15 Pierce County Coup 930 Tacoma Ave S, Rm 1 4 Tacoma, WA 98402 of 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Urban Growth Outside of Centers A variety of urban land uses and areas of growth will occur outside of designated centers but within the UGA. Local land use plans will guide the location, scale, timing, and design of development within UGAs. The UGA will be where the majority of future growth and development will be targeted. Development should be encouraged which complements the desired focus of growth into centers and supports a multimodal transportation system. For example, policies which encourage infill and revitalization of communities would help to achieve the regional and statewide objectives of a compact and concentrated development pattern within urban areas. The Countywide Planning Policies provide guidance for development and the provision of urban services to support development within the UGA. Satellite Cities and Towns The cities and towns in the rural areas are a significant part of Pierce County's diversity and heritage. They have an important role as local trade and community centers. These cities and towns are the appropriate providers of local rural services for the community. They also contribute to the variety of development patterns and housing choices within the county. As municipalities, these cities and towns provide urban services and are located within the County's designated UGA. The urban services, residential densities and mix of land uses may differ from those of the large, contiguous portion of the UGA in Pierce County. Countywide Planning Policy DI.A UGA -1. The County shall designate the countywide urban growth area and Potential Annexation Areas within it, in consultations between the County and each municipality. 1.1 County referral of proposed urban growth area and Potential Annexation Area designations to the Pierce County Regional Council (PCRC). 1.1.1 The PCRC may refer the proposed designations to the Growth Management Coordinating Committee (GMCC), or its successor entity for technical advice and for a report. 1.1.2 The PCRC may conduct public meetings to review the proposed designation and, at such meetings, may accept oral or written comments and communications from the public. 1.1.3 At the conclusion of its review and analysis, the PCRC shall make a recommendation to the County and to the municipalities in the County. 1.2 Once adopted by the County, the urban growth area and Potential Annexation Area(s) designations shall not be changed except in Exhibit A to Ordinance No. 2014 -17s Page 10 of 15 Pierce County Courprih 930 Tacoma Ave S, Rm 1648— Tacoma, WA 98402 of 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 DI.A accordance with the Countywide Policy on "Amendments and Transition." 1.2.1 A jurisdiction shall not be required to modify existing urban growth area boundaries or Potential Annexation Areas in order to reduce the residential or employment capacity to conform to adopted growth targets reflecting VISION 2040's Regional Growth Strategy. Jurisdictions shall, however, consider the adopted growth targets when updating their local comprehensive plans. 1.2.2 Growth targets are the minimum number of residents, housing units, or jobs a given jurisdiction is planning to accommodate within the appropriate planning horizon and are to be developed through a collaborative countywide process that ensures all jurisdictions are accommodating a fair share of growth. These targets are informational tools integrated into local land use plans to assist in formulating future residential and employment land needs. UGA -2. The following specific factors and criteria shall dictate the size and boundaries of urban growth areas: 2.1 Size 2.1.1 Urban growth areas must be of sufficient size to accommodate the urban growth projected to occur over the succeeding 20 -year planning period taking into account the following: a. land with natural constraints, such as critical areas (environmentally - sensitive land); b. agricultural land to be preserved; c. greenbelts and open space; d. New Fully Contained Communities pursuant to RCW § 36.70A.350; e. maintaining a supply of developable land sufficient to allow market forces to operate and precluding the possibility of a land monopoly but no more than is absolutely essential to achieve the above purpose; f. existing projects with development potential at various stages of the approval or permitting process (i.e., the "pipeline "); g. land use patterns created by subdivisions, short plats or large lot divisions; h. build -out of existing development and areas which are currently only partially built out; i. follow existing parcel boundary lines. 2.1.2 The County, and each municipality in the County, shall cooperatively develop and propose objective standards and criteria Exhibit A to Ordinance No. 2014 -17s Page11 of 15 Pierce County Courpia 930 Tacoma Ave S, Rm l 4 Tacoma, WA 98402 of 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 to disaggregate the State Office of Financial Management's Countywide growth forecasts and VISION 2040 Regional Growth Strategy forecasts for the allocation of projected population to the County and municipalities, taking into account the availability and concurrency of public facilities and services with the impact of development, as well as the VISION 2040 Regional Growth Strategy. 2.1.3 The County shall use a consistent countywide targeting process for allocating population and employment growth consistent with the regional vision, including establishing: a. local employment targets, b. local housing targets based on population projections, and c. local housing and employment targets for each designated regional growth center. 2.2 Boundaries 2.2.1 The following shall be considered in determining the location of urban growth area boundaries: a. geographic, topographic, and manmade features; b. public facility and service availability, limits and extensions; c. jurisdictional boundaries including special improvement districts; d. location of designated natural resource lands and critical areas; e. avoidance of unserviceable islands of County land surrounded by other jurisdictional entities; f. destination 2030 urban /rural line and PSCAA burn ban line. Phasing of Development within the Urban Growth Area DI.A 2.3 The County and each municipality in the County shall seek to direct growth as follows: a. first to cities and towns, centers and urbanized areas with existing infrastructure capacity; b. second to areas that are already urbanized such that infrastructure improvements can be easily extended; and c. last to areas requiring major infrastructure improvements. 2.3.1 Capital facilities plans shall identify existing, planned, and future infrastructure needs within Urban Growth Areas. 2.3.2 The County and each municipality in the County should identify appropriate levels of service and concurrency standards that address schools, sewer, water, and parks. Exhibit A to Ordinance No. 2014 -17s Pierce County Courpb 930 Tacoma Ave S, Rm 104€ Tacoma, WA 98402 Page 12 of 15 of 65 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 DI.A 2.3.3 The County and each municipality in the County shall identify appropriate levels of service and multimodal concurrency standards that address roads. 2.4 The urban growth area in unincorporated portions of the County shall be limited to the following: 2.4.1 build -out of existing partially developed areas with urban services; 2.4.2 new fully contained communities; 2.4.3 redevelopment corridors. 2.5 The County's urban growth area may be extended to allow for build -out of newly developed areas only if development capacity within Potential Annexation Areas and growth in the areas identified in Policy 2.4 is determined to be inadequate to meet total population and employment projections consistent with the other policies set forth herein. 2.6 Encourage efficient use of urban land by maximizing the development potential of existing urban lands, such as advancing development that achieves zoned density. 2.7 The urban growth area in existence prior to the adoption of VISION 2040 may contain capacity beyond that needed to accommodate the growth target per regional geography for the succeeding 20 -year planning period based upon existing zoning designations, allowed density, existing land division patterns, and similar factors. It is permissible for such areas to continue to be designated as urban growth areas. Expansion of these urban growth area boundaries is acknowledged to be inconsistent with the CPPs and strongly discouraged if the urban growth area expansion is not in accordance with policy AT -2.3. UGA -3, Potential annexation areas shall be designated through the Pierce County Comprehensive Plan in consultation with cities and towns. 3.1 A city or town shall first identify a Potential Annexation Area(s) within its respective Comprehensive Plan; 3.2 Potential Annexation Area boundaries shall be determined with consideration for the following additional factors; 3.2.1 the VISION 2040 document, including Multicounty Planning Policies; 3.2.2 the carrying capacity of the land considering natural resources, agricultural land and environmentally - sensitive lands; 3.2.3 population, housing, and employment projections; 3.2.4 financial capabilities and urban services capacities; Exhibit A to Ordinance No. 2014 -17s Page 13 of 15 Pierce County Courp 939 Tacoma Ave S, Rm 1 4 Tacoma, WA 98402 of 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 3.2.5 consistency and compatibility with neighborhood, local and regional plans; 3.2.6 the existing land use and subdivision pattern; 3.2.7 property access and ownership. 3.3 Potential Annexation Areas should not overlap or leave unincorporated urban islands between cities and towns. 3.3.1 Future requests to establish a new Potential Annexation Area shall not result in an overlap with an existing Potential Annexation Area or create islands between cities and towns. 3.3.2 Cities and towns with existing Potential Annexation Area overlaps should work toward resolving the existing overlaps. 3.4 The urban service areas and satellite urban growth areas as designated through the Pierce County Comprehensive Plan as of June 30, 2013 shall be recognized as designated Potential Annexation Areas. 3.4.1 Urban service area designations approved by the Pierce County Council through its 2013 Comprehensive Plan Amendment Cycle shall be recognized as a Potential Annexation Area. 3.4.2 Boundaries of the Potential Annexation Areas should not split parcels. Efforts should be put forth to resolve split parcels prior to the initial designation of Potential Annexation Areas. Annexation within the Urban Growth Area DI.A UGA -4. Pierce County, in conjunction with its cities and towns, shall establish a strategy for future annexations within the urban growth area. 4.1 Annexation is preferred over incorporation within the urban growth area, 4.2 The Potential Annexation Areas as identified in the Pierce County Comprehensive Plan shall be the foundation to an annexation strategy. 4.2.1 Cities and towns are allowed to annex territory only within their adopted Potential Annexation Area as identified in the Pierce County Comprehensive Plan. 4.2.2 Annexation of an area should be phased to coincide with a city or town's ability to coordinate the provision of a full range of urban services to the areas proposed for annexation. 4.3 The County and its cities and towns should proactively coordinate the annexation of unincorporated areas within the urban growth area that are within each respective city or town's Potential Annexation Area, Exhibit A to Ordinance No. 2014 -17s Page 14 of 15 Pierce County Courp 930 Tacoma Ave S, Rm 1046- Tacoma, WA 98402 of 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 4.3.1 The County and each city and town should work towards the establishment of annexation plans and joint planning agreements, with an exception for lands associated with Joint Base Lewis McChord and Camp Murray. 4.3.1.1 A joint planning agreement is to serve as a mechanism where the County or a city can, prior to notice of annexation, identify potential objections and resolutions. 4.3.1.2 An annexation plan should identify a potential schedule for annexation of areas with a city or town. 4.3.2 The County should explore and implement financial incentives for a city or town to annex areas associated with its respective Potential Annexation Area. 4.3.2.1 Financial incentives may include the establishment of a County level grant fund to assist in financial challenges a city or town may have in annexing an area. 4.3.2.2 Financial incentives may include the elimination or reduction in a fee associated with a County service to a city or town in exchange for annexing an area. 4.3.3 The County, and cities and towns, should explore potential partnerships in grant funding opportunities to overcome obstacles associated with annexing specific areas. 4.3.4 Cities and towns should recognize the financial impacts experienced by the County when annexation only encompasses commercial or greenfield areas and avoids existing residential development. 4.3.4.1 Cities and towns are encouraged to include a mix of existing commercial, residential, and greenfield areas, where appropriate, in future annexation proposals. 4.4 The County should prioritize the adopted Potential Annexation Areas for annexation. 4.4.1 The County's highest priority should be Potential Annexation Areas representing unincorporated "islands" between cities and towns; and 4.4.2 The County shall support annexation for areas in which a joint planning agreement exists between the County and appropriate city or town. Note: The policy numbers /citations for all policies that follow will need to be changed. DI.A Exhibit A to Ordinance No. 2014 -17s Page 15 of 15 Pierce County Courmih 930 Tacoma Ave S, Rm 1 4 Tacoma, WA 98402 of 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 Exhibit 13 to Ordinance No. 2014 -17s INTERLOCAL AGREEMENT AMENDMENTS TO THE PIERCE COUNTY COUNTYWIDE PLANNING POLICIES This agreement is entered into by and among the cities and towns of Pierce County and Pierce County. This agreement is made pursuant to the provisions of the Interlocal Cooperation Act of 1967, Chapter 39.34 RCW. This agreement has been authorized by the legislative body of each jurisdiction pursuant to formal action and evidenced by execution of the signature page of this agreement. BACKGROUND: A. The Pierce County Regional Council (PCRC) was created in 1992 by interlocal agreement among the cities and towns of Pierce County and Pierce County. The organization is charged with responsibilities including: Serving as a local link to the Puget Sound Regional Council, promoting intergovernmental cooperation, facilitating compliance with the coordination and consistency requirements of the Growth Management Act (Chapter 36.70A RCW) and the Regional Transportation Planning Organization (Chapter 47.80 RCW), and developing a consensus among jurisdictions regarding the development and modification of the Countywide Planning Policies, B. The Pierce County Countywide Planning Policies provide for amendments to be adopted through amendment of the original interlocal agreement, or by a new interlocal agreement. The Pierce County Countywide Planning Policies may be amended upon the adoption of amendments by the Pierce County Council and ratification by 60 percent of the jurisdictions in Pierce County representing 75 percent of the total Pierce County population as designated by the State Office of Financial Management at the time of the proposed ratification. C. A demonstration of ratification shall be by execution of an interlocal agreement or the absence of a Legislative action to disapprove a proposed amendment. D. A jurisdiction shall be deemed as casting an affirmative vote if it has not taken legislative action to disapprove a proposed amendment within 180 days from the date the Pierce County Council formally authorizes the Pierce County Executive to enter into an interlocal agreement. E. The amendment incorporates new policies intended to provide a more coordinated annexation strategy for unincorporated urban areas adjacent to cities and towns. F. The Pierce County Regional Council recommended adoption of the proposed amendment on October 17, 2013. DI.A Exhibit B to Ordinance No. 2014 -17s Page 1 of 3 Pierce County Couih 930 Tacoma Ava 0, Rm 045€" Tacoma, WA 98402 of 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 PURPOSE: This agreement is entered into by the cities and towns of Pierce County and Pierce County for the purpose of ratifying and approving the attached amendment to the Pierce County Countywide Planning Policies (Attachment). DURATION: This agreement shall become effective upon execution by 60 percent of the jurisdictions in Pierce County, representing 75 percent of the total Pierce County population as designated by the State Office of Financial Management at the time of the proposed ratification. This agreement will remain in effect until subsequently amended or repealed as provided by the Pierce County Countywide Planning Policies. SEVERABILITY: If any of the provisions of this agreement are held illegal, invalid, or unenforceable, the remaining provisions shall remain in full force and effect. FILING: A copy of this agreement shall be filed with the Secretary of State, Washington Department of Commerce, the Pierce County Auditor, and each city and town clerk. IN WITNESS WHEREOF, this agreement has been executed by each member jurisdiction as evidenced by the signature page affixed to this agreement. DI.A Exhibit B to Ordinance No, 2014 -17s Page 2 of 3 Pierce County Courpi' 930 Tacoma Ave S, Rm i 4 Tacoma, WA 98402 of 65 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 INTERLOCAL AGREEMENT AMENDMENTS TO THE PIERCE COUNTY COUNTYWIDE PLANNING POLICIES Signature Page The legislative body of the undersigned jurisdiction has authorized execution of the Interlocal Agreement, Amendments to the Pierce County Countywide Planning Policies. IN WITNESS WHEREOF This agreement has been executed by BY: DATE: DI.A (Name of City/Town /County) (Mayor /Executive) Approved: BY: (Director /Manager /Chair of County Council) Approved as to Form: BY: Approved: (City Attorney /Prosecutor) BY: (Pierce County Executive) Exhibit B to Ordinance No. 2014 -17s Pierce County Counpla 930 Tacoma Ave 5 Rm 1646 Tacoma, WA 98402 Page 3 of 3 of 65 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 DI.A Exhibit C to Ordinance No. 2014 -17s FINDINGS OF FACT The Pierce County Council finds that: 1. The Pierce County Regional Council (PCRC) was created in 1992 by interlocal agreement among the cities and towns of Pierce County and Pierce County Government (the County), and charged with responsibilities, including: Serving as a local link to the Puget Sound Regional Council (PSRC), promoting intergovernmental cooperation, facilitating compliance with the coordination and consistency requirements of the Growth Management Act [GMA] (Chapter 36.70A RCW) and the Regional Transportation Planning Organization (Chapter 47.80 RCW), and developing a consensus among jurisdictions regarding the development and modification of the Countywide Planning Policies. 2. The GMA required the County to adopt a countywide planning policy in cooperation with the cities and towns located within Pierce County. 3. The Countywide Planning Policies are to be used for establishing a countywide framework from which the comprehensive plans for Pierce County and the cities and towns within Pierce County are developed and adopted. 4. On June 30, 1992, the Pierce County Council passed Ordinance No. 92 -74 adopting the initial Pierce County Countywide Planning Policies. 5. The GMA requires the central Puget Sound region to adopt multi- county planning policies. 6. The PSRC membership is comprised of central Puget Sound counties (King, Pierce, Snohomish, and Kitsap), cities and towns, ports, tribes, and transit agencies. 7. The PSRC is the regional authority to adopt multi - county planning policies. 8. The PSRC adopted VISION 2040 at its May 2008 General Assembly meeting. 9. VISION 2040 is the central Puget Sound region's multi- county planning policies. 10. VISION 2040 "assumes that by 2040 all of the urban area will be within municipalities and the unincorporated urban growth area will be a thing of the past." 11. VISION 2040 "calls for joint city - county planning ... including establishing common standards for development review and permitting, as well as for services and infrastructure, to ensure that development is efficient and compatible with adjacent communities." 12. VISION 2040 contains a goal that envisions "all unincorporated lands within the urban growth area will either annex into existing cities or incorporate as new cities." 13. VISION 2040 policy MPP -DP -18 calls for the County to "affiliate all urban unincorporated lands appropriate for annexation with an adjacent city or identify those that may be more feasible for incorporation." Exhibit C to Ordinance No. 2014 -17s Page 1 of 3 Pierce County Coup 930 Tacoma Ave 9, Rm 1 4 Tacoma, WA 98402 of 65 1 2 14. VISION 2040 policy MPP -DP -19 states to "support joint planning between cities and 3 counties to work cooperatively in planning for urban unincorporated areas to ensure an 4 orderly transition to city governance ... " 5 6 15. VISION 2040 policy MPP -DP -20 states to "support the provision and coordination of 7 urban services to unincorporated urban areas by the adjacent city or, where 8 appropriate, by the county as an interim approach." 9 10 16. The PCRC directed the Growth Management Coordinating Committee (GMCC) to 11 recommend policies addressing annexation. 12 13 17. The GMCC recommended new policies intended to provide a more coordinated 14 annexation strategy for unincorporated urban areas adjacent to cities and towns. 15 16 18. The PCRC, based upon the recommendation from the GMCC, and its own 17 discussions, recommended approval of the proposal at its October 17, 2013 meeting. 18 19 19. The Pierce County Planning Commission recommended approval of the proposal at its 20 November 26, 2013 meeting. 21 22 20. The Pierce County Planning Commission recommendation to approve the proposal 23 was unanimous. 24 25 21. The Pierce County Environmental Official has determined the proposal is exempt from 26 SEPA per WAC 197 -11- 800(19). 27 28 22. The Pierce County Countywide Planning Policies include provisions addressing 29 procedures for amending the Countywide Planning Policies. 30 31 23. The Pierce County Countywide Planning Policies require amendments to the 32 Countywide Planning Policies to be adopted through an amendment of the original 33 Interlocal Agreement or by a new interlocal agreement. The amendment will become 34 effective when 60 percent of the cities, towns, and the County, representing 75 percent 35 of the total population as designated by the State Office of Financial Management at 36 the time of the proposed ratification become signatories to the agreement. 37 38 24. A demonstration of ratification shall be by execution of an interlocal agreement or the 39 absence of a legislative action to disapprove a proposed amendment. 40 41 25. A jurisdiction shall be deemed as casting an affirmative vote if it has not taken 42 legislative action to disapprove a proposed amendment within 180 days from the date 43 the Pierce County Council formally authorizes the Pierce County Executive to enter 44 into an interlocal agreement. 45 46 26. The Community Development Committee of the County Council, after a properly 47 noticed public hearing, considered oral and written testimony, and forwarded its 48 recommendation to the full Council. 49 50 27. The County Council held a public hearing on June 24, 2014, where oral and written 51 testimony was considered. 52 DI.A Exhibit C to Ordinance No. 2014 -17s Page 2 of 3 Pierce County Courpli 930 Tacoma Ave 8, Rm ibb4 Tacoma, WA 98402 of 65 1 2 3 4 5 6 7 8 9 10 DI.A 28. It is in support of the amendment for providing consistency between the Pierce Countywide Planning Policies and VISION 2040. 29. A subsequent ordinance of the County Council shall be necessary to acknowledge the ratification process and amend Section 19D.240 PCC, "Pierce County Countywide Planning Policies ". 30. It is in the public interest to authorize the Pierce County Executive to execute the interlocal agreements. Exhibit C to Ordinance No. 2014 -17s Page 3 of 3 Pierce County Courpii 930 Tacoma Ave S, Rm 1 4 Tacoma, WA 98402 of 65 o Focav"� 00 TO: FROM: SUBJECT: Attachment C Fife City Hall www.cityoffife.org 5411 23rd Street East, Fife, WA 98424 Tel (253) 922 -2489 Fax (253) 922 -5355 PCRC MEMORANDUM May 15, 2014 Pierce County Regional Council Chris Pasinetti, GMCC Chair Ryan Windish, City of Sumner Countywide Planning Policies (CPPs) for Urban Growth Area (UGA) Expansions - Options EXECUTIVE SUMMARY: The Pierce County Regional Council (PCRC) considered the T -1 2013 Pierce County Comprehensive Plan Amendment that would have amended the policies and required a county -wide need for growth capacity prior to allowing an Urban Growth Area expansion, rather than allowing for an individual jurisdiction to expand based on individual capacity needs. The T -1 Amendment would have made the Comprehensive Plan consistent with already adopted Countywide Planning Policies (CPPs) that require both a demonstrated need for the individual jurisdiction and county -wide prior to expansion. Some members of the PCRC were concerned with the fairness and appropriateness of limiting individual jurisdictions ability to expand to meet a local need if there is capacity elsewhere in the County. The PCRC did not take action on the T -1 Amendment and instead referred the issue to the GMCC for consideration of amendments to the CPPs. In this memo, the GMCC presents three options for consideration by the PCRC; each option has its own legal risks and varying degrees of flexibility. Option 1 retains the requirement for both an individual and county -wide showing of a need or capacity prior to an expansion; however, it also allows for amendments that create "no net gain" in capacity and land area. This allows for modifications to the UGA that may benefit an individual jurisdiction, but doesn't allow for expansion of an oversized countywide UGA, unless a companion amendment is being proposed to ensure no net gain in land area or capacity (capacity and land neutral amendment). Option 1 also provides clarifying language to what is meant by "demonstrated need" and "no net gain "; in terms that to one degree or another have been debated at the Growth Management Hearings Board (GMHB). Option 2 provides the most flexibility for individual jurisdictions but also contains the most legal risk. This option allows for expansion of the UGA if individual or countywide capacity is needed, and allows for an amendment to the UGA if there is no net gain in capacity or no net gain in land area. Finally, Option 2 also allows, regardless of capacity, for expansion of the UGA if 4 acres of open space is preserved for every 1 acre of expansion. Several GMHB cases DI.A Page 36 of 65 are cited throughout this document that indicates the GMHB consistently denies UGA expansions when there is excess countywide capacity. Option 3 is the status quo and recommends no changes to the current policy. In this case, both an individual and a countywide need for expansion must be shown and the terms "demonstrated need" and "no net gain" would remain vague. This option likely poses the least amount of immediate legal risk for an appeal as it is adopted language and appeal deadlines have passed. A number of pertinent GMHB cases and excerpts are referenced throughout the document in an attempt to demonstrate to the PCRC the various levels of risks and the rationale and decisions of the GMHB on various cases around the state related to expansion of UGAs and growth capacity. BACKGROUND: The existing Pierce County Countywide Planning Policies (CPPs) allow for the expansion of the urban growth area if there is a demonstrated need for additional residential or employment capacity within the urban growth area affiliated with an individual jurisdiction and a demonstrated need county -wide. The existing policy was established through the Vision 2040 Consistency amendment package, which was approved by the Pierce County Regional Council (PCRC) at its April 21, 2011 meeting. This amendment package was ratified by 6o percent of Pierce County jurisdictions representing 75 percent of the County's population on June 26, 2012. The Vision 2040 consistency amendment package was certified by the Puget Sound Regional Council (PSRC) on September 27, 2012. This action taken by the PSRC Executive Board certified the adopted Pierce County CPPs. In October 2013, the PCRC directed the GMCC to analyze options for language in the CPPs regarding the expansion of UGAs for individual cities and towns. This directive stemmed from the PCRC discussion of the T -1 Text Amendment being considered for the Pierce County Comprehensive Plan during the 2013 Comprehensive Plan Amendment Cycle for Pierce County. On April 3, 2014, the GMCC voted to move forward three options for consideration by the PCRC, including two options that would amend the CPP criteria for UGA expansions and a third option to leave the CPPs unchanged. The Options are presented in summary below and analyzed in detail in this memo. SUMMARY: The Growth Management Act (GMA, RCW 36.70A) contains laws governing the sizing and location of an UGA. This law has been further clarified through GMHB decisions and court decisions over the years. Page 1 2 of 10 DI.A Page 37 of 65 The following is a summary of pertinent points in state law regarding sizing of UGAs: Washington State law states, (RCW36.7oA.115) "Comprehensive Plans and development regulations must provide sufficient land capacity for development. Counties and cities that are required or choose to plan under RCW 36.70A.040 shall ensure that, taken collectively, adoption of and amendments to their comprehensive plans and /or development regulations provide sufficient capacity of land suitable for development within their jurisdictions to accommodate their allocated housing and employment growth, including the accommodation of, as appropriate, the medical, governmental, educational, institutional, commercial, and industrial facilities related to such growth, as adopted in the applicable countywide planning policies and consistent with the twenty -year population forecast from the office of financial management." Washington State law states, (RCW36.7oA.11o(2) RCW 36.7oA.11o(2) Based on the growth management population projection made for the county by the office of financial management, the county and each city within the county shall include areas and densities sufficient to permit the urban growth that is projected to occur in the county or city for the succeeding twenty year period, except for those urban growth areas contained exclusively within a national historical reserve. As part of this planning process, each city within the county must include areas sufficient to accommodate the broad range of needs and uses that will accompany the projected urban growth including, as appropriate, medical, governmental, institutional, commercial, service, retail and other nonresidential uses. Vision 2040, the multi- county planning policies, address urban growth areas and states, "Counties must work with their cities to designate an urban growth area as the primary location for growth and future development. All four counties in the region designated such an urban growth area in the mid- 199os. Subsequently, only relatively minor adjustments to the urban growth area have been made. The Regional Growth Strategy was developed with the assumption that, with good planning and efficient land use, existing urban growth area designations can accommodate the population and employment growth expected by 2040. Any adjustments to the urban growth area in the coming decades should continue to be minor." Vision 2040 further provides policies related to adjustment and amendments to the UGA and state, "MPP -DP -i: Provide a regional framework for the designation and adjustment of the urban growth area to ensure long -term stability and sustainability of the urban growth area consistent with the regional vision." (page 47, Vision 2040) Page 1 3 of 10 DI.A Page 38 of 65 MPP- DP -31: Support the sustainability of designated resource lands. Do not convert these lands to other uses." (page 56, Vision 2040) In the Central Puget Sound GMHB case City of Snoqualmie v. King County, the board discussed the meaning of whether GMA allows for an UGA expansion based on the need of "each city" or the need "countywide ". The GMHB concluded: RCW 36.7oA.115 provides that cities and counties must ensure that "taken collectively" their comprehensive plans, development regulations, and amendments "provide sufficient capacity of developable lands within their jurisdictions" to accommodate projected growth. In a parallel [SHB] 1825 amendment, the provision now specifies: "including, as appropriate, the medical, governmental, educational, institutional, commercial, and industrial facilities related to such growth." RCW 36.7oA.215, the buildable lands section, requires King County and its cities to monitor development patterns and take "reasonable measures" to ensure that urban growth occurs in existing urban areas and avoid expansion of UGAs. The buildable lands provisions already mandate consideration of sufficiency of commercial lands by cities and counties and were not amended by SHB 1825. RCW 36.7oA.13o(3) requires each county to periodically review its UGA designations and permitted urban densities. Each city is required to review, not the size of its UGA, but the "densities permitted within its boundaries." If more capacity is needed to accommodate projected growth, both UGA and density revisions must be considered. The UGA update provisions were not amended by SHB 1825. Taken together, the GMA's UGA provisions require each city to project its land capacity for population and employment growth taking into consideration the need for commercial, institutional and other facilities. The County and cities must attempt to accommodate the projected growth, including non - residential uses, in the existing urban area through density revisions or other "reasonable measures." The County then adopts a UGA which may not be over -sized as a whole."' 1 CPSGMHB City of Snoqualmie v. King County, Case No. 13 -3 -0002, FDO at 39 -40 Page 1 4 of 10 DI.A Page 39 of 65 OPTION 1— See Exhibit 1 Option 1 proposes amendments to the CPPs that would: • Require the adoption of the T -1 Text Amendment in order for the Pierce County Comprehensive Plan to be consistent with the CPPs. • Require the showing of a "demonstrated need" of insufficient capacity in the Buildable Lands Report (BLR) or an updated evaluation using the same methodology as the BLR; • Retain the requirement that capacity be shown to be insufficient in both the individual jurisdiction and county -wide UGAs before expansion. • Clarify that "no net gain" means no net gain in development capacity and no net gain in land area within the UGA when expanded. • Combines subpolicies 2.3.2 and 2.3.1 to more clearly connect the Buildable Lands Report and consistency evaluation instead of maintaining them as separate policies. The intent of Option 1 is to clarify certain policies in the CPPs that have the potential for misinterpretation. This option would require the adoption of the T -1 Text Amendment in order for the Pierce County Comprehensive Plan to be consistent with the CPPs. The proposed language accomplishes this clarification through the least amount of change from existing policy language and is considered to be the most legally defensible in light of GMHB decisions. The GMHB has consistently found UGA amendments that allow for an increase in UGA capacity beyond that which is needed for the next 20 years of growth to not be compliant with the GMA. Exhibit 7 includes a summary list of hearings board cases from across the state. Each number references a case that supports the proposed policy actions throughout this document. The existing CPP's regarding UGA expansion state, "2.3.2 there is a demonstrated need for additional residential or employment capacity within the urban growth area affiliated with an individual jurisdiction and a demonstrated need county -wide; or the expansion result in no net gain to the countywide UGA." (See Exhibit 3, the existing Countywide Planning Policies) The current policies do not define what "no net gain to the countywide UGA" means. The policy as written could mean no net gain in land area, or capacity, or both. The draft policy states in part, "2.3.3 no net gain in residential or employment capacity to the county -wide UGA and no net gain in land area" (See Exhibit 1, the proposed amendments to the CPP's [Option i]) This policy is supported by a number of hearings board cases. (Exhibit 7). Page 1 5 of 10 DI.A Page 40 of 65 The proposed policies indicate that a jurisdiction who proposes expansion of its UGA would first need to adopt reasonable measures and monitor those measures before proposing an expansion of the UGA. This language currently exists within the CPPs, but the GMCC felt that combining the language under section 2.3.1 would add clarity to the provision. The existing Countywide Planning Policy states, "2.3.3 the consistency evaluation, as required through the Countywide Planning Policies on Buildable Lands, policies BL -3. and BL -4., identifies an inconsistency between the observed and planned densities, the jurisdiction shall either: 1) demonstrate reasonable measures were adopted to rectify the inconsistencies. Documentation shall also be submitted that summarizes the monitoring results of the effectiveness of the measures in rectifying density inconsistencies, or 2) document updated development data that indicates consistency. "(See Exhibit 3, Existing CPPs) The proposed policies state, "2.3.1 the jurisdiction's observed development densities are consistent with the planned density assumptions as documented in the most recently published Buildable Lands Report as required by RCW36.7oA.215. If the consistency evaluation, as required through the Countywide Planning Policies on Buildable Lands, policies BL -3. and BL -4., identifies an inconsistency between the observed and planned densities, the jurisdiction shall either: 1) demonstrate reasonable measures were adopted to rectify the inconsistencies. Documentation shall also be submitted that summarizes the monitoring results of the effectiveness of the measures in rectifying density inconsistencies, or 2) document updated development data that indicates consistency; (See Exhibit 1, the proposed amendments to the CPP's [Option i]) This policy is supported by a number of hearings board cases. (Exhibit 7, see case #5, #8, and #9) The proposed policies within Option 1 would still maintain the Regional Growth Strategy as intended (see MPP -DP 1 & MPP- DP -31- Vision 204o) because any adjustments would still be minor due to the current over -sized UGA. Page 1 6 of 10 DI.A Page 41 of 65 The existing policy states, "2.3.2 there is a demonstrated need for additional residential or employment capacity within the urban growth area affiliated with an individual jurisdiction and a demonstrated need county -wide; or the expansion results in a no net gain to the countywide UGA. (See Exhibit 3, the existing Countywide Planning Policies) The proposed policy states, "2.3.2 the most recently published Buildable Lands Report, or an updated buildable lands evaluation using the same methodology, demonstrates a need for additional residential or employment capacity within the urban growth area affiliated with an individual jurisdiction and the countywide UGA; or 2.3.3 no net gain in residential or employment capacity to the county -wide UGA and no net gain in land area. (see Exhibit 1, Option i) This policy amendment retains the need to clarify that a demonstrated need for additional employment capacity within an urban growth area affiliated with an individual jurisdiction and a need countywide would be necessary for an urban growth area expansion. The proposed policy amendment would also require that there is no net gain in land area. There have been other instances where the validity of individual capacity analysis has been questioned. On September 16, 2010, the Washington State Department of Commerce sent a letter to the Chair of the PCRC regarding the proposed amendments to the CPPs. In general, the letter had concerns that the amendment would allow an individual jurisdiction to expand an UGA based on a local need for residential or employment capacity. The letter referenced the 2008 State Supreme Court, in Thurston County v. W. Wash. Growth Mgmt. "Hearings Bd. No. 80115 -1, held that changes to the size of individual growth areas associated with single cities constitute a change to the size of the overall county urban growth area. In the August 2, 2010 Growth Management Hearings Board decision regarding 2009 Pierce County Comprehensive Plan amendments (Case # 10 -3 -0003, North Clover Creek), the board was clear that UGA sizing for residential, employment and other purposes was to be based on OFM projections and not to be based on individually demonstrated need unless considered within the context of countywide need for UGA expansion." (See Exhibit 4, letter dated September 16, 2010 from the Department of Commerce) The above referenced case also supports the policy changes provided in Option 1 to this memorandum. Page 1 7 of 10 DI.A Page 42 of 65 Both King and Snohomish Counties have similar language regarding expansion where a countywide need is necessary for expansion. Exhibit 5 is the existing King County Countywide Planning Policies includes language regarding the expansion of the UGA. DP -16 Allow expansion of the Urban Growth Area only if at least one of the following criteria is met: a) A countywide analysis determines that the current Urban Growth Area is insufficient in size and additional land is needed to accommodate the housing and employment growth targets, including institutional and other non - residential uses, and there are no other reasonable measures, such as increasing density or rezoning existing urban land, that would avoid the need to expand the Urban Growth Area; [etc] (emphasis added) Exhibit 6 is the existing Countywide Planning Policies for Snohomish County include language regarding the expansion of the UGA. DP -2 outlines when UGA expansions are only allowed under certain circumstances. In conclusion, the proposed policy amendments in Option 1 are consistent with the existing CPPs. Option 1 adds clarity to the existing CPPs and is consistent with recent GHMB cases. This option would not allow an individual city to receive an UGA expansion based on a local need or desire without a Buildable Land Report documenting a need for additional housing or employment capacity county -wide. This option would allow an UGA amendment or adjustment if there is no increase in capacity or in land area. Option 1 (the proposed updated policies in Exhibit 1) & Option 3 (existing policy in the CPPs in Exhibit 3), in staffs opinion, present the least amount of legal risk for an appeal to the GMHB, presuming that the County's Comprehensive Plan is consistent with the CPPs. OPTION 2- See Exhibit 2 Option 2 proposes amendments to the CPPs that would: • Not require the adoption of the T -1 Text Amendment in order for the Pierce County Comprehensive Plan to be consistent with the CPPs. • Clarify meaning of "demonstrated need" same as Option 1. • Allows for an individual jurisdiction to expand their affiliated UGA regardless of an oversized county -wide UGA. • Clarify that "no net gain" means no net gain in development capacity or no net gain in land area within the UGA. • Create the option for setting aside open space at a ratio of 4 acres to every 1 acre of allowed expansion regardless of oversized capacity. • Combines subpolicies 2.3.2 and 2.3.1 the same as Option 1. Page 1 8 of 10 DI.A Page 43 of 65 Option 2 (as does Option i)includes proposed policies indicating that a jurisdiction who proposes expansion of its UGA would first need to adopt reasonable measures and monitor those measures before proposing an expansion of the UGA. This language currently exists within the CPPs, but the GMCC felt that combining the language under section 2.3.1 would add clarity to the provision. Option 2, while providing the most flexibility for individual jurisdictions, this option also creates the greatest legal risk under GMA. As mentioned in Option 1, the GMHB has consistently denied UGA amendments when there is an expansion that results in a net gain in capacity when the county -wide UGA is already oversized. Excerpts from several cases before the GMHB regarding UGA expansions, several regarding Pierce County specifically, concluded that: 1) the County UGA is oversized based on the Buildable Lands Report (BLR) and; 2) any amendment to the UGA must be size and capacity neutral, essentially a "no net gain" because the UGA is oversized. If the UGA is oversized or there is capacity elsewhere in the UGA, the GMHB has consistently denied the expansion of UGAs based on economic needs such as expansions to accommodate freeway interchange areas. The GMHB looks to whether there is capacity within the jurisdiction or the UGA to accommodate this growth. The GMHB does not consider location of this land in comparison to more marketable options proposed. It is simply a matter of capacity. The GMHB reviews the capacity for such commercial or industrial growth within the jurisdiction, and if it is concluded there is ample capacity the UGA amendment is denied. The GMHB also looks into the current land use and zoning, as they did with Eatonville (see Exhibit 7), and points out that instead of expanding the UGA the town should rezone overcapacity residential areas for commercial or industrial uses, or implement some type of "reasonable measure" like rezoning. Furthermore, the GMHB consistently points to the BLR as the means for determining the capacity of the UGA county -wide, and the analysis to be used for the periodic to -year update to the County's Comprehensive Plan. There is allowance for updated land- capacity analysis to be completed for individual UGA expansions, to show that the city requesting the UGA does not have sufficient capacity. However, regardless of an individual need, the GMHB considers whether there is a need county -wide for such growth. Option 2 also proposes allowing an UGA expansion when permanent open space is preserved at a ratio of 4 acres for every 1 acre of UGA expansion. This is essentially the same policy as adopted in the King County CPPs. An earlier version of this policy was challenged in 1995 and upheld by the GMHB as compliant with GMA because it was innovative and accomplished other goals of GMA, such as the creation of open space corridors between rural and urban lands (RCW 36.7oA.16o). The GMHB upheld challenges to the 4 to 1 policy because it was restrictive enough to prevent abuse and promoted goals of GMA. However, the proposed policy Page 1 9 of 10 DI.A Page 44 of 65 in Option 2 is different than the 1995 case upheld by the Board in two ways: 1) it does not have a maximum size limit and 2) it is not limited to residential expansion. While this option allows the most flexibility, without these added restrictions this policy may not comply with GMA. There are several excerpts from GMHB decisions regarding UGA expansions and use of the BLR. (See Exhibit 7: #1, #2, #6, #7, #8 and #9). OPTION 3- See Exhibit 3 Option 3 proposes no changes to the current CPPs and: • Requires the adoption of the T -1 Text Amendment in order for the Pierce County Comprehensive Plan to be consistent with the CPPs. • Would not clarify the relationship between the Buildable Lands Report and the consistency evaluation. • Would not clarify the meaning of "demonstrated need" thereby retaining options for how a jurisdiction may attempt to demonstrate need for expansion without regard to capacity. • Would not clarify the meaning of "no net gain" and thereby leave open for interpretation by the GMHB or court whether it means capacity or land area or both. Option 3 would retain current language requiring both the individual UGA and the countywide UGA to show a need for capacity prior to expansion. This option also creates the least legal risk under GMA. Option 3 would not contain certain clarifications regarding the definition of "demonstrated need" and "no net gain" thereby leaving these terms up for interpretation at the time of application and potential legal challenge. For instance, "demonstrated need" could be interpreted to mean a "market demand" basically arguing that the UGA needs to be expanded to meet the need of certain commercial real estate markets. Also, "no net gain" in the county- wide UGA could be interpreted to mean no net gain in capacity or no net gain in land area or both. Based on previous discussion regarding Options 1 and Options 2, and the excerpts from the various GMHB cases provided in Exhibit 7, it is apparent that these terms have been left up to interpretation by jurisdictions and further clarified through the GMHB decisions. For instance, reference #5 and #6 both provide a GMHB discussion of how a market study does not justify a UGA expansion when there is ample land within a jurisdiction's UGA for commercial uses. With the information provided within this memo, the GMCC has provided the PCRC options for amendments the Countywide Planning Policies (CPPs). EXHIBITS: Exhibit 1— Option 1— Proposed Amendments to the CPPs Page 1 10 of 10 DI.A Page 45 of 65 Exhibit 2— Option 2 — Proposed Amendments to the CPPs Exhibit 3 — Existing CPPs- Amendments and Transition Exhibit 4 — Letter from the Department of Commerce dated September 16, 2010 Exhibit 5 — Existing King County CPPs Exhibit 6 — Existing Snohomish County CPPs Exhibit 7 — List of summary GMHB Cases GMCC RECOMMENDATION: On March 13, 2014 the GMCC made their recommendation to the PCRC. The recommendation was to provide Options to the PCRC for CPP amendments with an analysis of effects of potential amendments and in light of various GMHB cases. RECOMMENDATION: The PCRC move to: A. Approve Option 1 as shown in Exhibit 1; OR B. Approve Option 2 as shown in Exhibit 3; OR C. Do not approve any amendments to the Countywide Planning Policies. Page 1 11 of 10 DI.A Page 46 of 65 Underlined is new proposed language Strikcthrough is removed language EXHIBIT 1 OPTION 1 DRAFT - -CPPs CPPs -- Amendments and Transition AT -2. Urban Growth Area boundaries designated by the County pursuant to the Growth Management Act may be amended by Pierce County and accepted by the municipalities in the County pursuant to the same process by which the Urban Growth Areas were originally adopted and pursuant to subpolicies UGA -1 and UGA -2 of the "Countywide Planning Policy on Urban Growth Areas, Promotion of Conti &uous and Orderly Development and Provision of Urban Servico ® to Su ®®® evelopmen 2.1 An amendment to Urban Growth Area boundaries may be initiated by the County or any municipality in the County. 2.2 A proposed amendment to Urban Gro th Area b daries shall include: 2.2.1 a map indicating the existing urban growth area boundary and the proposed boundary modification; c2.2.2 a statement indicating how, and the extent to which, the proposed boundary modification complies with each of the factors listed in subpolicies 2.2, 2.3, 2.4 and 2.5 and-276 of the Countywide Planning Policy on Urban Growth Areas, Promotion of Contiguous and Orderly Development and Provision of Urban Services to Such Development. 2.2.3 a statement indicating the factors, data or analyses that have changed since the designation of the initial Urban Growth Area boundaries and/or the experience with the existing Urban Growth Area boundaries that have prompted the proposed amendment. 2.3 The urban growth area of a jurisdiction may be can only be expanded only if: 2.3.1 the jurisdiction's observed development densities are consistent with the planned density assumptions as documented in the most recently published Buildable Lands Report as required by RCW 36.70A.215. If the consistency evaluation, as required through the Countywide Planning Policies on Buildable Lands, policies BL -3. and BL -4., identifies an DI.A Page 47 of 65 inconsistency between the observed and planned densities, the jurisdiction shall either: 1) demonstrate reasonable measures were adopted to rectify the inconsistencies. Documentation shall also be submitted that summarizes the monitoring results of the effectiveness of the measures in rectifying density inconsistencies, or 2) document updated development data that indicates consistency; and 2.3.2 the most recently published Buildable Lands Report, or an updated buildable lands evaluation using the same methodology, demonstrates a need for additional residential or employment capacity within the urban growth area affiliated with a Linn dividual jur iction and the countywide UGA; or 2.3.3 no net gain in residenti e!- mployment capacity e county -wide UGA and no net gain in land are 2.3.5 the consistency evaluation, as required through the Count ide Planning Policies on Buildable Lands, policie 1) demonstrate reasonable measures were adopted to rectify the inconsistcncics. Documentation shall also be submitted that summarizes the monitoring results of the effectiveness of the measures in rectifying density inconsistcncics, or 2) document updated dcvclopmcnt data that indicates consistency. o ensure the orderly development of urban lands, predictability in the provision urban services, and the eventual annexation of urban growth areas, Pierce ty may incorporate criteria into its comprehensive plan policies for evaluating amendments proposing to remove properties from the urban growth area. The criteria should, at a minimum, include the existing dcvclopmcnt pattern and density, vested development applications, and infrastructure and service needs to accommodate the existing and future residents. In general, any lands proposed to be removed from the urban growth area shall be rural in character and not require any urban level infrastructure or service needs. 2.5 a proposed amendment to the Urban Growth Area boundaries shall be referred to the PCRC for its review and recommendation. DI.A Page 48 of 65 Underlined is new proposed language Strikethrough is removed language EXHIBIT 2 OPTION 2 DRAFT - -CPPs CPPs -- Amendments and Transition AT -2. Urban Growth Area boundaries designated by the County pursuant to the Growth Management Act may be amended by Pierce County and accepted by the municipalities in the County pursuant to the same process by which the Urban Growth Ar were originally adopted and pursuant to subpolicies UGA -1 and UG 2 of the "Count i e Planning Policy on Urban Growth Areas, Promotion of Contiguou d Orderly Develop and Provision of Urban Services to Such Development." 2.1 An amendment to Urba municipality in the Coun th Area bo daries may be initiated the County or any 2.2 A proposed amendment to Urban Growth Area boundaries shall include: 2.2.1 a A4ap indicating the existing urban growth area boundary and the proposed boundary modification; f • 2.2.2 a statement indicating how, and the extent to which, the proposed boundary modification complies with each of the factors listed in subpolicies 2.2, 2.3, 2.4 and 2.5 and 2.6 of the Countywide Planning Policy on Urban Growth Areas, Promotion of Contiguous and Orderly Development and Provision of Urban Services to Such Development. 2.2.3 a statement indicating the factors, data or analyses that have changed since the designation of the initial Urban Growth Area boundaries and/or the experience with e existing Urban Growth Area boundaries that have prompted the proposed amendment. 2.3 The urban growth area of a jurisdiction may be can only be expanded e1y if: 2.3.1 the jurisdiction's observed development densities are consistent with the planned density assumptions as documented in the most recently published Buildable Lands Report as required by RCW 36.70A.215. If the consistency evaluation, as required through the Countywide Planning Policies on Buildable Lands, policies BL -3. and BL -4., identifies an inconsistency between the observed and planned densities, the jurisdiction shall either: DI.A Page 49 of 65 1) demonstrate reasonable measures were adopted to rectify the inconsistencies. Documentation shall also be submitted that summarizes the monitoring results of the effectiveness of the measures in rectifying density inconsistencies, or 2) document updated development data that indicates consistency; and 2.3.2 the most recently published Buildable Lands Report, or an updated buildable lands evaluation using the same methodology, demonstrates a need for additional residential or employment capacity within ban growth area affiliated with an individual jurisdiction and or the county GA; or 2.3.3 no net gain in residential or employment capacy to the county -wide UGA or no net gain in land area; or 2.3.4 an urban growth area expansion by any city or tow accompanied by dedication of permanent open space to Pierce County, where the acreage of the proposed open space: 1) is at least four times the acreage of the land added to the UGA; 2) is contiguous with the UGA with at least a portion of the dedicated open space surrounding the proposed UGA expansion. 3) Preserves high quality habitat, critical areas, or unique features that contribute to the band of permanent open space alone the edge of the UGA. 2.3.5 the consistency evaluation, as required through the Countywide Planning Policies 1) demonstrate reasonable measures were adopted to rectify the inconsistencies. Documentation shall also be submitted that summarizes the monitoring results of 2) document updated dcvclopmcnt data that indicates consistency. 2.4 to ensure the o ®log development of urban lands, predictability in the provision of urban services, and the eventual annexation of urban growth areas, Pierce County may incorporate criteria into its comprehensive plan policies for evaluating amendments proposing to remove properties from the urban growth area. The criteria should, at a minimum, include the existing dcvclopmcnt pattern and density, vested dcvclopmcnt applications, and infrastructure and service needs to accommodate the existing and future residents. In general, any lands proposed to be removed from the urban growth area shall be rural in character and not require any urban level infrastructure or service needs. DI.A Page 50 of 65 2.5 a proposed amendment to the Urban Growth Area boundaries shall be referred to the PCRC for its review and recommendation. DI.A Page 51 of 65 EXHIBIT 3 CPPs -- Amendments and Transition (Current) AT -2. Urban Growth Area boundaries designated by the County pursuant to the Growth Management Act may be amended by Pierce County and accepted by the municipalities in the County pursuant to the same process by which the Urban Growth Areas were originally adopted and pursuant to subpolicies UGA -1. and UGA -2. of the "Countywide Planning Policy on Urban Growth Areas, Promotion of Contiguous and Orderly Development and Provision of Urban Services to Such Development." 2.1 An amendment to Urban Growth Area boundaries may be initiated by the County or any municipality in the County. 2.2 A proposed amendment to Urban Growth Area boundaries shall include: 2.2.1 a map indicating the existing urban growth area boundary and the proposed boundary modification; 2.2.2 a statement indicating how, and the extent to which, the proposed boundary modification complies with each of the factors listed in subpolicies 2.2, 2.4, 2.5 and 2.6 of the Countywide Planning Policy on Urban Growth Areas, Promotion of Contiguous and Orderly Development and Provision of Urban Services to Such Development. 2.2.3 a statement indicating the factors, data or analyses that have changed since the designation of the initial Urban Growth Area boundaries and/or the experience with the existing Urban Growth Area boundaries that have prompted the proposed amendment. 2.3 The urban growth area of a jurisdiction may be expanded only if: 2.3.1 the jurisdiction's observed development densities are consistent with the planned density assumptions as documented in the most recently published Buildable Lands Report as required by RCW 36.70A.215, and 2.3.2 there is a demonstrated need for additional residential or employment capacity within the urban growth area affiliated with an individual jurisdiction and a demonstrated need county -wide; or the expansion results in a no net gain to the countywide UGA. 2.3.3 the consistency evaluation, as required through the Countywide Planning Policies on Buildable Lands, policies BL -3. and BL -4., identifies an inconsistency between the observed and planned densities, the jurisdiction shall either: 1) demonstrate reasonable measures were adopted to rectify the inconsistencies. Documentation shall also be submitted that summarizes the monitoring results of the effectiveness of the measures in rectifying density inconsistencies, or 2) document updated development data that indicates consistency. DI.A Page 52 of 65 2.4 To ensure the orderly development of urban lands, predictability in the provision of urban services, and the eventual annexation of urban growth areas, Pierce County may incorporate criteria into its comprehensive plan policies for evaluating amendments proposing to remove properties from the urban growth area. The criteria should, at a minimum, include the existing development pattern and density, vested development applications, and infrastructure and service needs to accommodate the existing and future residents. In general, any lands proposed to be removed from the urban growth area shall be rural in character and not require any urban level infrastructure or service needs. 2.5 A proposed amendment to the Urban Growth Area boundaries shall be referred to the PCRC for its review and recommendation. DI.A Page 53 of 65 STATE OF WASHINGTON DEPARTMENT OF COMMERCE 128 — 10th Avenue SW • PO Box 42525. Olympia, Washington 98504 -2525 • (360) 725 -4000 www.commerce.wa.gov September 16, 2010 Bobbi Allison Chair, Pierce County Regional Council 2401 South 35th St. Rm. 228 Tacoma, WA 98409 Dear Ms. Allison: Thank you for sending the Washington State Department of Commerce the proposed amendments to the Pierce County Countywide Planning Policies. We received the final transmittal from the Piece County Regional Council (PCRC) on September 9, 2010. We recognize the substantial investment of time, energy, and resources of all the local governments represented by the PCRC, and we appreciate the opportunity to comment. We especially like that the PCRC has worked to update the countywide planning policies, and is incorporating language from Vision 2040 and addressing emerging issues such as community design, health, and climate change The proposed policies also support a center -based approach to prioritizing urban growth and infrastructure which should provide opportunities for multimodal transportation, a range of housing types and efficient use of infrastructure investments. We are concerned about proposed Policy 2.3.2 in the Amendments and Transitions section of the Pierce County Countywide Planning Policies which allows for the expansion of the urban growth areas affiliated with an individual jurisdiction if there is a demonstrated local need for additional residential or employment capacity. We are concerned that this is inconsistent with the requirements of the Growth Management Act and with recent court and growth management hearings board cases. RCW 36.70A.110 is clear that the county is to designate an urban growth area or areas (UGA) for the entire county, sized to accommodate the countywide population projection from the Washington State Office of Financial Management (OFM) for the succeeding twenty -year period. This statute requires that the countywide urban growth areas are sized to accommodate DI.A Page 54 of 65 the residential, employment, and other needs associated with the countywide population projection. The requirement for countywide sizing of urban growth areas was a topic in two recent legal cases. The 2008 State Supreme Court, in Thurston County v. W. Wash. Growth Mgmt. Hearings Bd. No. 80115 -1, held that changes to the size of individual growth areas associated with single cities constitute a change to the size of the overall county urban growth area. In the August 2, 2010 Growth Management Hearings Board decision regarding 2009 Pierce County Comprehensive Plan amendments (Case # 10 -3 -0003, North Clover Creek), the board was clear that UGA sizing for residential, employment and other purposes was to be based on OFM projections and not to be based on individually demonstrated need unless considered within the context of countywide need for UGA expansion. Commerce's WAC 365- 196- 310(3)(e) also recommends that piecemeal changes to an individual UGA have county -wide implications, and should not be made unless part of a comprehensive review of the countywide UGA. The statute, the WAC, and these court and hearing board cases provide clear direction to the PCRC regarding the appropriateness of this policy language. We recommend that this policy be revised before adoption to state that the urban growth area of a jurisdiction may be expanded only if there is both a locally demonstrated need for additional residential or employment capacity and a demonstrated need county -wide. Thank you for the opportunity to comment on these proposed amendments. If you have any questions or concerns about these comments, please contact me at (360) 725 -3064 or Anne.Fritzel @commerce.wa.gov. We extend our continued support to Pierce County and all of her cities and towns in achieving the goals of growth management. Sincerely, Anne Aurelia Fritzel Growth Management Planner Growth Management Services cc: Dan Cardwell, Pierce County Planning and Land Services Leonard Bauer, Managing Director, Growth Management Services, Commerce Ike Nwankwo, Financial & Technical Assistance Manager, Growth Management Services Norm Abbot, Director of Growth Management Planning, Puget Sound Regional Council Jeff Storrar, Growth Management Planner, Puget Sound Regional Council DI.A Page 55 of 65 Attachment D EXHIBIT 7 Washington State law states, (RCW36.7oA.115) "Comprehensive Plans and development regulations must provide sufficient land capacity for development. Counties and cities that are required or choose to plan under RCW 36.7oA.o4o shall ensure that, taken collectively, adoption of and amendments to their comprehensive plans and /or development regulations provide sufficient capacity of land suitable for development within their jurisdictions to accommodate their allocated housing and employment growth, including the accommodation of, as appropriate, the medical, governmental, educational, institutional, commercial, and industrial facilities related to such growth, as adopted in the applicable countywide planning policies and consistent with the twenty -year population forecast from the office of financial management." 1. "An adjustment to UGAs must be done by the County through the County Council, supported by a county -wide land capacity analysis. UGA expansions cannot be unilaterally done by community advisory groups, nor ... by cities — these decisions are made by the County from a county -wide perspective. [Bonney Lake, o5- 3- oo16c, FDO, at 34.11 2. It is true that urban growth must be assessed on a countywide basis, rather than on a UGA by UGA basis since urban growth is allocated for the county as a whole. Skagit County Growthwatch v. Skagit County, Case NO. 07 -2 -0002, FDO at 34 (Aug. 6, 2007) 2 3. The size of any UGA must be based upon the projected population growth allocated to that UGA. Since the supply of urban residential lands (18,789 acres) significantly exceeds the projected demand for such lands over the course of the 20 -year planning horizon (11,582 acres), the County's UGAs fail to comply with RCW 36.70A.110. woo Friends v. Thurston County, WWGMHB Case No. 05 -2 -0002 (FDO, 7- 20- 05). "3 4. "Under the GMA, urban growth areas may not be expanded unless there is a need for additional capacity, based on the state Office of Financial Management (OFM) population projections, patterns of development, and other similar factors identified in 36.70A.110. The purpose of a land capacity analysis is to provide the information necessary to determine whether there is a need to http: / /www.gmhb.wa.gov/ Documents / Digest _CPS_1992 -2010_ Edition_012.pdf 2 http:// www .gmhb.wa.gov/Documents/Digest WW 2010 -06 -30 FinalEdition.pdf http:// www .gmhb.wa.gov/Documents/Digest WW 2010 -06 -30 FinalEdition.pdf DI.A Page 56 of 65 expand an UGA. In the absence of a land capacity analysis, there is no demonstration of need and expansion is not justified. Kittitas Conservation v. Kittitas County, EWGMHB Case No. 07- 1- 0004c, FDO, at 76 (Aug. 20, 2007). "4 5. "The County's CPP, allowing an individual UGA to be potentially expanded for economic development purposes to adjacent land that had previously been designated as resource lands, is permissible if a need for additional commercial or industrial land within the UGA is demonstrated in a land capacity analysis and if reasonable measures have been taken." (CTED, 03- 3- 0017, FDO, at 39.)5 6. A UGA must provide for sufficient area and densities to accommodate the urban growth that is projected for the succeeding 20 -year period. RCW 36.7oA.11o(2). This subsection specifically contemplates that UGA boundaries may expand over time as necessary to meet population projections, imposing another limitation on their expansion. Counties must review, and if necessary, revise their UGAs at least every ten years to accommodate urban growth projected for the succeeding 20- years. RCW 36.7oA.13o(3). A county -wide land capacity analysis must accompany these statutorily mandated periodic revisions of UGAs. (Citations omitted.) [Bremerton II, Case No. 04- 3 -009c, FDO, at 34.] 7. County Response at 31, citing Vashon -Maury v. King Co., CPSGMHB Case No. 95 -3 -0008, Final Decision and Order (Oct. 23, 1995), at 45 -46 ( "King County's Four to One Program is the type of innovative land use management technique that the Act encourages. It therefore complies with the Act. ") 8. In recognition of excess UGA capacity, the County has adopted Comprehensive Plan policies to forestall further urban sprawl [allowing companion applications to remove and add land to the UGA.] The [subarea] plan also has policies allowing UGA boundary adjustments while preventing sprawl [allowing a `land swap' so long as there is no net loss of rural separator land.] The Amendment with companion applications makes a size - neutral and capacity - neutral boundary adjustment. [North Clover Creek, 10- 3- 0003c, FDO (8 -2 -10) at 15.] 9. The Board finds that Pierce County by Amendment U -5 has expanded the Eatonville UGA without evidence in the record establishing additional urban land is necessary to accommodate the 4 http: / /www.gmhb.wa.gov/ Documents / Digest _EW_2010- 06- 30_FinalFdition.pdf 5 http: / /www.gmhb.wa.gov/ Documents/ Digest _CPS_1992- 2010_Fdition_012.pdf DI.A Page 57 of 65 County's adopted OFM 20 -year population projection with associated uses. Pierce County has more than enough capacity in its UGA county -wide (and in Eatonville, specifically) to accommodate the OFM projected residential population and associated non- residential uses. No further UGA expansion can be allowed, without a new land capacity analysis or population allocation. [WWGMHB, Case No. 04 -2 -0022, FDO (May 2005)] 10. [The UGA sizing criterion of RCW 36.70A.110 a land capacity analysis must be done.] Neither the County nor Intervenor indicates that a revised land capacity analysis supporting the need for a commercial /industrial UGA expansion has been conducted. Intervenor even acknowledges that the existing land capacity analysis may not have supported expansion. CTED correctly argues that there is nothing in the County's recent Buildable Lands Report that supports the expansion of the Arlington UGA for commercial or industrial uses to include the Island Crossing area. The County does not dispute this assertion. [woo Friends, 03- 3- 0019c, FDO, at 36.] 11. See UGA Expansion Issue starting on page 29 - "Snoqualmie asserts the 2009 amendments in SHB 1825 require King County to amend its criteria for considering UGA expansions. Rather than solely a county -wide assessment of adequacy of urban lands based on population and employment targets, Snoqualmie contends the County is now required to respond to individual city analyses of land capacity for "the broad range of needs and uses" that accompany such growth.... The County argues the fundamental GMA principles of coordinating growth and reducing sprawl would be undermined by Snoqualmie's reading of SHB 1825 to allow each city to decide unilaterally to expand the UGA for whatever non- residential uses it wants to... The Board concludes, under this analysis, King County cannot review a city request for UGA expansion, however modest, in isolation from a "county -wide analysis. "... RCW 36.70A.130(3) requires each county to periodically review its UGA designations and permitted urban densities. Each city is required to review, not the size of its UGA, but the "densities permitted within its boundaries." [City of Snoqualmie v King County, Case No. 13 -3 -0002] 12. Just as RCW 36.7oA.110 requires a land capacity analysis for counties in designating UGAs, it compels a land capacity analysis for cities [cities with and without unincorporated urban areas adjacent to their city limits] to ensure they can accommodate newly projected growth allocations. The required land capacity analysis in .110 is also reflected in .130, for Plan Updates, again, to assure that the latest projected growth can be accommodated. This supporting DI.A Page 58 of 65 documentation is required to enable cities and counties to discharge their respective duties to accommodate projected growth. There is a sound and logical link between the BLR's assessment of past activities, or periodic "check -in" and the land capacity analysis evaluation of accommodating growth. The information derived from the BLR should provide the basis for modifying planning assumptions, policies and designations and testing them against future land capacity analysis to determine whether jurisdictions have the capacity to accommodate newly assigned growth within their jurisdictions. [Strahm, 05 -3 -0042, FDO, at 11.] 13. Several post -SHB 1825 Board decisions have wrestled with the question of whether land that has better characteristics for a desired economic purpose can be added to a UGA which is already oversized. In Brodeur v. Benton County the Eastern Board found noncompliant a proposed commercial /retail UGA extension that would link the City of West Richland to a potential freeway interchange. The Board found no support in the record that additional commercial land was needed when the existing UGA contained hundreds of acres of vacant and under - developed land. In Kittitas County Conservation v. Kittitas County, the Eastern Board found a proposed commercial extension of the UGA to link to the interstate and accommodate big -box stores was not supported in the record, where ample vacant commercial land was already available in the UGA. In DCCRG v. Douglas County the Eastern Board rejected and remanded the County "s expansion of the UGA to include 84 additional acres for commercial use. [City of Snoqualmie v. King County, Case No. 13 -3 -0002, FDO, at 54 -55] DI.A Page 59 of 65 C=ITY or AUBURN \VASH E NGTo Agenda Subject: PCDC Status Matrix Department: Community Development and Public Works AGENDA BILL APPROVAL FORM Attachments: PCDC Status M atrix Administrative Recommendation: For discussion only. Background Summary: Reviewed by Council Committees: Councilmember: Holman Meeting Date: September 8, 2014 Date: September 4, 2014 Budget Impact: $0 Staff: Tate Item Number: DI.D DI.D AUBURN * MORE THAN YOU IMAGINED Page 60 of 65 PCDC Work Plan Matrix — September 8, 2014 LAND USE CODES /POLICIES Comments marijuana to full Council for approval. At the 9/2/14 City Council meeting, the Council adopted Ordinance No. 6525. Staff to develop a work plan as part of the overall comprehensive plan updates. meeting. At the 9/3/14 Planning Commission meeting, the Commission expressed support to bring forward the amendments to increase the short plat September 3, 2014 meeting, the Commission is supportive of the amendments 1 Staff will formulate a strategy action plan and bring back to Committee as part of the overall comprehensive plan update. Code concepts and ideas to be developed based on Council retreat direction and linked to the overall comprehensive plan update. Funding options and ideas to construct and install the remaining 6 pedestrian kiosks downtown. Staff is moving forward with the project ideas presented at the 3 -7 -14 PCDC meeting and will look for other funding opportunities with the City Council for the upcoming 2015 -2016 two year budget cycle. Staff /Council Lead cn a) c o Chamberlain a) o as I- Chamberlain Chamberlain Chamberlain Chamberlain Next on PCD D N 0 September -4- N N 0 I- Topic /Issue Code Amendments • Marijuana /Cannabis • Healthcare District Overlay • Short Plat Threshold • FAR (Floor Area Ratio) with DUC zone Historic Preservation Strategies Strategy Areas for Population /Business /Employment Pedestrian Kiosks 0 0 0 0 Please Note: New additions underlined, deletions removed. Page 61 of 65 Comments PARKS, ARTS & RECREATION Discussion of the Auburn Avenue Theater. COMMUNITY SERVICES DIVISION PCDC requested an update at a future meeting; briefing to be scheduled. Updates provided as needed or requested. Community Services to give annual updates. BOARDS, COMMISSIONS & HEARING EXAMINER On 12/09/13 the Arts Commission provided a presentation updating PCDC of their 2013 plans and activities and will return for an update in 2014. The Human Services Committee provided a 2013 update before PCDC on 01- 27 -14. The Human Services Committee is scheduled to present a 2014 update in 12 -2014. The Hearing Examiner attended PCDC to present an annual briefing on 11/12/13. The next briefing is scheduled for fall of 2014. Annual update occurred 7 -22 -13 with PCDC; the next update will take place September 8, 2014. The Committee held a Joint Meeting with the Planning Commission on 3/18/14. The next joint meeting will be in September, 2014. Annual update occurred on 5 -28 -13 with PCDC. Staff /Council Lead Faber Hursh Hursh Hursh Faber Hursh C O X_ 0 Faber Chamberlain Thordarson Next on PCD kienuer 0 Co 1— Ongoing 0 co 1— December 2014 December 2014 Fall 2014 September September Summer 2014 Topic /Issue Theater Lease Building Community Human Services Center Unify communities through centralized communication and outreach Arts Commission Human Services Committee Hearing Examiner Parks & Recreation Board Planning Commission Transportation, Transit, and Trails L) O (o O N. O 00 O 0) O CD N Cr) cr Page 62 of 65 Comments Annual update occurred 10 -28 -13 with PCDC. COMPREHENSIVE PLAN /CAPITAL FACILITIES PLANNING (Long Range Planning) Major update of the comprehensive plan for the next 20 years +; Community visioning meetings were held the week of March 11 -13 and March 18 -20 with grocery store intercept events held April 7 -9. Report back to the community of the vision themes was held May 21St. The draft report was presented at the June 30th COW meeting and has now been finalized. Copies will be shared with the City Council. Update to the three utility comprehensive plans as the City updates its comprehensive plan. Joint PCDC and PWC meeting held on June 2nd to review the draft policies for the three utility comprehensive plans. Comprehensive Transportation Plan Update in concert with the comprehensive plan update project. Major update of the comprehensive plan. Now that Imagine Auburn is complete, staff is working through updating the various elements of the comprehensive plan. Anticipate a working draft available late Fall 2014. Resolution No. 5075, the 2015 -2020 Transportation Improvement Program (TIP) was approved on 6 -16 -14 by City Council. Staff /Council Lead Faber Chamberlain Chamberlain Public Works L as LL Chamberlain L as LL Next on PCD Fall 2014 co I— 0 0 0 0 co Topic /Issue Urban Tree Board Major Comprehensive Plan Update • Visioning for the major update • Water, Sewer, Storm Scope: Update to the Water, Sewer, and Storm Comprehensive Plans in concert with the Comprehensive Plan Update project. • Transportation Planning Scope: Long -term planning for the interrelationship between land use and transportation infrastructure. • Update the Elements of the Comprehensive Plan Transportation Improvement Program (TIP) Scope: 6 -year TIP that is updated annually identifying transportation related capital projects N— r r Page 63 of 65 0 N CO _c) EP 'a) VJ Comments Update annually as needed as part of the comprehensive plan update process. City Council adopted Ordinance No. 6489, the 2013 Comprehensive Plan Amendments at the 12 -2 -13 City Council meeting. Committee discussion on impact fees and calculations. UPDATES AND BRIEFINGS An Economic Development update was provided to the Committee on 4- 14 -14, future briefings will be provided as needed. Staff to stay in touch with Planning Dept. and keep coordination & communication open with Tribe. The City met with the Muckleshoot Tribe on 11- 19 -13. The Auburn Downtown Association provided an update at the 04 -14 -14 meeting and will return in the spring of 2015 for their annual update. City tracking potential station stops expansion study by Amtrak. Public Works staff provided an update at the Committee's 3 -25 -13 meeting, the WSDOT station stop expansion feasibility study is expected to be complete in June, 2013. Council passed Resolution No. 4949 supporting an Amtrak stop in Auburn. LGCC to provide a briefing as needed. Stream and wetland restoration activities are ongoing. Staff /Council Lead Finance Tate/ Chamberlain Mayor a) rs c- Chamberlain Mayor Backus Wagner Andersen Next on PCD as c '0 0 0 1- 0 1- 1- 0 1- Spring 2015 0 1- 0 Spring 2015 Topic /Issue Capital Facilities Plan Scope: 6 -year capital facilities plan for the City's public facilities /utilities Fee discussions Economic Development Updates Muckleshoot Tribe The ADA Amtrak Les Gove Community Campus Auburn Environmental Park co 0) N N N N co N N Page 64 of 65 Comments CRS: Staff is evaluating the 2013 changes to the CRS program requirements and developing policy options for the Committee to consider for City's future approach to CRS participation. FEMA on -site audit of the City's CRS Program is scheduled for November 6, 2014. NFIP -ESA: City has received notice that FEMA's model floodplain ordinance has been revised and new City regulations must be adopted and submitted to FEMA. Staff is preparing amendments to the City's regulations to meet this requirement. CP0746: Mill Creek Wetland 5K Restoration — Final design has been Resolution No. 5031, the Comprehensive Downtown Parking Management Plan was adopted by City Council on 2 -3 -14. The parking permit program will be blended into the CDPMP. Staff will provide monthly briefings on the development and implementation of parking management strategies. Ordinance No. 6477 was adopted by City council on 9 -3 -13. Staff provided an update at the 6/09/14 meeting. The City Council passed a one -year moratorium on 6 -16 -14 to look at the regulations that were adopted back in September. Now that the new regulations have been implements for about nine months, the City is evaluating whether additional code modifications are needed. Staff reviewed several policy questions with PCDC at their July 14, 2014 meeting. Staff anticipates taking a discussion forward to Planning Commission in September 2014. Staff /Council Lead a) L 73 c Q a L 73 c Q Chamberlain/ Yao c as L E L as _c 0 Next on PCD 0 ,Lc) (n N September 0 1- Topic /Issue Floodplain programs — NFIP and CRS c O L O Na) N Ts y-+ a) E N c - .i O U L_ a) i Q c ^L W LL Downtown Parking Management Plan Communal Residences co I-- N N Page 65 of 65