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Home My WebLink About3650Ordinance No. 3650 (Amending or Repealing Ordinances) CFN=377 — Comprehensive Plan Passed 7/15/2003 Amending Ch. 12.02 — Capital Facilities Plan — Comp Plan Update Amends Ord. 3237 Amended by Ord. 3722 Amended by Ord. 3847 (Repeals Secs. 12.02.070;12.02.080;12.02.100) ORDINANCE NO. 210-50 AN ORDINANCE of the city council of the city of Kent, Washington, amending Chapter 12 02 of the Kent City Code, to add provisions for considering city initiated amendments to the comprehensive plan more than once per year and providing for a public hearing before the city council rather than the land use and planning board for certain amendments to the Capital Facilities Element WHEREAS, in accord with RCW 36 70A 130, the city council desires to amend chapter 12 02 of the Kent City Code, to add provisions for considering city initiated amendments to the comprehensive plan more than once per year and providing for a public hearing before the city council rather than the land use and planning board for certain amendments to the Capital Facilities Element, and WHEREAS, after providing appropriate public notice, the city held a public hearing on this modification proposal at the regular land use and planning board meeting held on May 27, 2003, and WHEREAS, the planning committee considered this matter at the regularly scheduled meeting on June 17, 2003, and 1 Captial Facilities Plans — Comprehensive Plan Update WHEREAS, on May 5, 2003, the city provided notification to the State of Washington under RCW 36 70A.106 of the city's proposed amendment to add provisions for considering city initiated amendments to the comprehensive plan more than once per year and providing for a public hearing before the city council rather than the land use and planning board for certain amendments to the Capital Facilities Element, and WHEREAS, the sixty (60) day notice period under RCW 36 70A 106 has elapsed, NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION 1. - Amendment Chapter 12 02 of the Kent City Code is amended as follows CHAPTER 12 02 PROCEDURES FOR AMENDMENTS TO COMPREHENSIVE PLAN Sec. 12.02.010. Amendments. The city council shall consider amendments to the Kent comprehensive plan no more than once each calendar year, except as provided insC-t✓ 12-1-2- 03355 under the following circumstances, which may be processed separately and in addition to the standard annual update a If an emergency exists, which is defined as an issue of community -wide significance that promotes the public health, safety, andeg neral welfare b To resolve an appeal of a comprehensive plan filed with a growth management hearings board or with the court, C. To adopt or amend a shoreline master program under the procedures set forth in chanter 90.58 RCW, 2 Captial Facilities Plans - Comprehensive Plan Update d The initial adoption of a subarea plan, and e The amendment of the capital facilities element of the comprehensive plan that occurs concurrently with the adoption or amendment of the city budget Sec. 12.02.020. Concurrent review. In considering annual amendments to the comprehensive plan, city staff, the planning eemmtssienland use and planning board, and the city council shall consider all proposed amendments concurrently so as to assess their cumulative impact. Sec. 12.02.030. Time of filing. Annual amendments to the comprehensive plan shall be submitted to the Kent planning services office depafk =eii�-by September 1 of each calendar year Requests for amendments shall be submitted on forms prescribed by the planning services offices Incomplete amendment applications will not be accepted for filing Requests received each year after September 1 shall be considered in the following year's comprehensive plan amendment process Sec. 12.02.040. SEPA review. After September 1 of each calendar year, the city's responsible official shall review the cumulative anticipated environmental impact of the proposed comprehensive plan amendments, pursuant to the Washington State Environmental Policy Act (SEPA) If the responsible official determines that a draft final or supplemental environmental impact statement (EIS) 3 Captial Facilities Plans — Comprehensive Plan Update or other appropriate environmental review is warranted, applicants may be responsible for a full or proportionate share of the costs of preparing the EIS as determined by the responsible official Sec. 12.02.050. Standard of review. The planning services office department may recommend and the city council may approve, approve with modifications or deny amendments to the comprehensive plan text or map designations based upon the following criteria 1 The amendment will not result in development that will adversely affect the public health, safety and general welfare; and 2. The amendment is based upon new information that was not available at the time of adoption of the comprehensive plan, or that circumstances have changed since the adoption of the plan that warrant an amendment to the plan, and 3 The amendment is consistent with other goals and policies of the comprehensive plan, and that the amendment will maintain concurrency between the land use, transportation, and capital facilities elements of the plan Sec. 12.02.060. Hearing procedures — Notice requirements The planning services office shall prepare a report and recommendation on proposed plan amendments which shall be presented to the planningeommission-land use and planning board at a public hearing For an amendment of the capital facilities element of the comprehensive plan that occurs concurrently with the adoption or amendment of the city budget, the city council will hold the nublic hearing instead of the land use and planning board For proposed text amendments, notice of public hearing shall be given in at least one (1) publication in the local newspaper at least ten (10) days prior to said hearing For plan map amendments, notice of public hearing shall be given both by publication in the local newspaper as prescribed above, and by notification of all property owners within two hundred (200) feet of the affected property Affected property is defined as the parcels identified by the applicant, plus any additional parcels contiguous to the applicant's property which 4 Captial Facilities Plans — Comprehensive Plan Update the planning managerdff-ee determines should also be considered. T4he following criteria should be used in deciding whether to expand the geographic scope of a proposed amendment 1 The effect of the proposed amendment on the surrounding area, 2. The effect of the proposed amendment on the land use and circulation pattern of the area, and 3. The effect of the proposed amendment on the future development of the area. Following a the -public hearing by the land use and planning boardph g esaimissien, the planning services office -'ea Trecommendation shall be forwarded to the city council for action. Sec. 12.02.070. City council action. Within sixty (60) days after receipt of the planning services office depaAment-recommendation, the city council shall either affirm, deny, or modify or return the application to the planning department for I further consideration. In the event the city council modifies the recommendation, it I shall make its own findings and set forth in writing the reasons for the action taken. Sec. 12.02.080. Standing. Comprehensive plan amendments may be initiated by the city planning services officedepa#nient or other administrative staff of the city, private citizens, or the city council Sec. 12.02.090. Fees. Application fees for comprehensive plan amendments shall be the same as the fee established for rezones Sec. 12.02.100. Appeals. Appeals from a decision of the Kent city council shall be pursuant to Chapter 36 70A RCW 5 Captial Facilities Plans - Comprehensive Plan Update SECTION 2. — Savines The existing chapter 12.02 of the Kent City Code, which is amended by this ordinance, shall remain in full force and effect until the effective date of this ordinance SECTION 3. — Severabihty If any one or more section, subsections, or sentences of this ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect. SECTION 4. — ffecave Date This ordinance shall take effect and be in force thirty (30) days from and after pps#ge as provided by law,-) ATTEST. 1 BRENDA JACOBE ,CITY CLERK APPROVED AS TO F RM ztw& ice _ TOM BRUBAKER, CITY ATTORNEY PASSED r 9910 n . PUBLISHED /-5 day of July, 2003 15 day of July, 2003 day of July, 2003 YOR 6 Captial Facilities Plans — Comprehensive Plan Update I hereby certify that this is a true copy of Ordinance No 3(2-6-0 passed by the city council of the city of Kent, Washington, and approved by the mayor of the city of Kent as hereon indicated P \0rvJ\0Mi=ce\1 302 aGhalFeamhhesUpfted /'A (SEAL) BRENDA JACOBft, CITY CLERK 7 Captial Facilities Plans — Comprehensive Plan Update