HomeMy WebLinkAboutCity Council Committees - Planning and Economic Development Committee - 11/01/1994 (3)CITY OF LQ,�TTT
CITY COUNCIL PLANNING COMMITTEE
November 1, 1994 4:00 PM
Committee Members Present
Leona Orr, Chair
Jon Johnson
Tim Clark
Planning Staff
Chris Holden
Kevin O'Neill
Fred Satterstrom
City Attorney's Office
Laurie Evezich
Other Citv Staff
Other Guests
RATIFICATION OF THE COUNTYWIDE PLANNING POLICIES - (F. Satterstrom)
Planning Manager reminded the Committee the reason for this special
meeting was to obtain answers on concerns regarding the conflict
between the 1989 or 1987 Federal Manual on Wetlands. The
Countywide Planning Policies adopted by King County has chosen to
go by the 1989 manual and the City of Kent adopted the 1987 manual
in the City's wetlands ordinance.
Laurie Evezich, Assistant City Attorney, responded to this concern
brought out by Roger Lubovich, City Attorney, at the last meeting
of October 18, 1994. Mr. Lubovich's concern was that if a City was
required to plan under the Growth Management Act (which is a
mandatory requirement to cities under the State statute) and the
County concomitantly has to adopt Countywide Planning Policies with
which the City is required to be consistent, then there may be
conflict. Roger's concern was that there may still be a problem
even if there is a difference between a policy and an ordinance and
a city's ordinance has more weight and authority than a policy.
This is because the City's ability to enforce our ordinance may
somehow be preempted by State law.
Laurie researched this issue and she believes this is an untenable
argument and explained she doesn't think it is anything the City
needs to worry about and she explained why. She discussed this
issue with Mr. Lubovich prior to the meeting. According to RCW
36.70A.210, under the heading called Countywide Planning Policies,
the requirements for adopting Countywide Planning Policies does not
even include a requirement that Countywide Planning Policies have
a critical areas component in them, it says, "cities shall adopt".
She said as far as the County taking the initiative to do this, in
a lot of different areas, the County has gone well beyond what they
were required to do.
Laurie quoted another sentence at the end of that first paragraph
which says, "nothing in this section shall be construed to alter
the land use powers of cities". She said if you take this language
and read it with the basic premise that all code cities have what
CITY COUNCIL PLANNING COMMITTEE MINUTES
NOVEMBER 1, 1994
PAGE 2
is called "section 11 powers" under the Washington State
Constitution, that would be the power and authority to regulate for
the public health, safety, and welfare. She explained the City has
actually adopted policies and ordinances that are consistent with
the purpose and intent of the Growth Management Act, but in this
particular section when the City previously adopted the 1987
Manual, the City has just exercised its legislative discretion to
provide for more, or arguably a different type of protection, for
citizens than the Countywide Planning Policies. She said just
because it is different does not mean it is not consistent. This
is the key the City needs to focus on.
Nothing in the Growth Management Act requires that we adopt a
critical areas ordinance or wetlands policy that is a mirror image
of what the Countywide Planning Policies are. It simply requires
that they be consistent. Even if the City was challenged by a
citizens' group to one of the Growth Hearings Boards saying that
because we don't have the same manual, the City is not consistent
with the Countywide Planning Policies. They would have a very
difficult time proving that the 1987 Manual was scientifically not
consistent with the Countywide Planning Policies. Ms. Evezich said
she does not think this should be a reason why the City should
hesitates to enforce the City's adoption of the 1987 Manual within
the City's wetlands ordinance or continue to enforce it on the
basis that it is part of the City's ordinance. Evezich concluded
with the advice that having the 1987 manual as part of our wetlands
ordinance or even adopting it as ultimately a part of our
Development regulations down the road is not inconsistent with the
Countywide Planning Policies.
Fred passed out a draft letter addressed to King County requesting
the Committee's approval that this letter accompany the Resolution.
The letter addressed two specific areas of concern in the
Countywide Planning Policies regarding Wetlands Protection and
Urban Growth Area Boundaries.
Councilmember Clark MOVED and Councilmember Johnson SECONDED a
motion to recommend ratification of the Countywide Planning
Policies by a Resolution and to approve the letter mentioned above.
Motion carried.
ADDED ITEMS•
IMPACT FEES
Chair Orr has been asked about the issue of impact fees and asked
if this item should come to this Committee. Committee members
agreed to discuss this item at the next meeting.
The meeting adjourned at 4:55 p.m.
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