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HomeMy WebLinkAboutCity Council Committees - Planning and Economic Development Committee - 11/01/1994CITY OF WT9� L� CITY COUNCIL PLANNING COMMITTEE November 1, 1994 4:00 PM dFT®II(C9[A 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 City 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. ADJOURNMENT The meeting adjourned at 4:55 p.m. mp:c:pcoll01.min