HomeMy WebLinkAbout3839 (44)Ordinance No. 3847
(Amending or Repealing Ordinances)
CFN=377 — Comprehensive Plan
CFN=961 — Capital Facilities Plan (Growth Management Plan)
Passed — 7/17/2007
Docketing & Amendment Procedures (Amending Ch. 12.02)
Amends Ords. 3237;3650;3722; (Secs. 12.02.070; 12.02.080 &
12.02.100 are repealed)
ORDINANCE NO. 3SV-7
AN ORDINANCE of the city council of the city of
Kent, Washington, amending chapter 12.02 of the Kent
City Code, entitled "Procedures for Amendments to
Comprehensive Plan and Development Regulations," to
clarify, simplify, and provide flexibility. (ZCA-2007-3).
RECITALS
A. The city of Kent has established procedures and substantive criteria for
amending the Comprehensive Plan and development regulations in Chapter 12 02 of
the Kent City Code. This chapter also contains the city's docketing process. Docketing
refers to compiling and maintaining a list of suggested changes, from city staff or the
public, to the comprehensive plan or development regulations to ensure that the
changes will be considered by the city and are available for review by the public. The
city's initial docketing process was adopted in November 2004. The current
amendments to Chapter 12.02 are intended to make the process more flexible, more
sensitive to time frames required for complex comprehensive plan amendments, and
more supportive of implementation of the city's long-term plans.
B. On June 5, 2007, the city provided the State of Washington the
notification required under RCW 36.70A.106 of the city's proposed amendments. On
June 20, 2007, the state granted expedited review of this issue and provided its
confirmation that the city met the requirements of RCW 36.70A.106.
C. The city's SEPA responsible official determined the proposed
amendments were procedural in nature and no further SEPA review is required.
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Amendment Procedures
D. The Land Use and Planning Board held a workshop regarding these
issues on June 11, 2007, and a public hearing on June 25, 2007. The amendments
were also considered by the city council's Planning and Economic Development
Committee on July 9, 2007. On July 17, 2007, the city council approved
amendments to Chapter 12.02 of the Kent City Code.
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, entitled
"Procedures for Amendments to Comprehensive Plan and Development Regulations,"
is amended as follows:
Sec.12.02.00S. Purpose.
for amending the city's comprehensive plan and development regulations and to
provide for public participation. Amendments to the comprehensive plan are the
means by which the city may modify its twenty-year plan for land use, development or
growth policies in response to changing city needs or circumstances. Comprehensive
plan and development regulation amendments will be reviewed in accordance with the
state Growth Management Act (GMA) and other applicable state laws, the countywide
planning policies, and the Kent Comprehensive Plan. Comprehensive Plan and
development regulation amendments will be afforded appropriate public review
pursuant to this chapter.
Sec. 12.02.010. Aemendments and exceptions.
than once each calendar year as part of the annual cycle established in this
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Amendment Procedures
except that under the following circumstances, amendments)
whieh may be processed separately and in addition to the standard annual,
cycleupdate:
A 1. If an emergency exists, which is defined as an issue of community -wide
significance that promotes the public health, safety, and general welfare;
8 2. To resolve an appeal of a comprehensive plan filed with a growth
management hearings board or with the court;
G 3. To adopt or amend a shoreline master program under the procedures
set forth in Chapter 90.58 RCW;
9 4. The initial adoption of a subarea plan; and
E 5. The 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 public hearing on this matter rather than the land use
and planning board. j
B. Annual cycle amendments to the Comprehensive Plan may be made to
address technical updates and corrections, and to consider amendments that do not
require substantive chances to policy language, This review may be referred to as
the annual cycle.
C. Every seven years from December 1, 2004, the city shall complete a
comprehensive review of the Comprehensive Plan in order to update it as appropriate!
and to ensure continued compliance with the GMA This review may provide for al
changes to policy language.
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Amendment Procedures
Sec. 12.02.020. Concurrent review for comprehensive plan
amendments.
city staff, the land use and planning board,
and the city council shall consider all proposed Comprehensive Plan text and land use
map amendments concurrently so as to assess their cumulative impact.
Sec. 12.02.025. Docketing purpose.
planning services office.
site-specific amendment to the land use map of the comprehensive plan by submitting
a complete application for comprehensive plan map amendment, an environmental
checklist, and applicable fees. The application will be processed in accordance with
Process VI as described in KCC 12 01 and shall be considered concurrently with the
annual docket. Separate site-specific zoning district map amendments may bg
processed under Section 15.09.050(A)(3).
regulations shall include the following elements if applicable
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Amendment Procedures
1 A detailed statement of the proposed amendment and reason for th�
amendment;
area affected and issues presented;
development regulations should not continue in effect or why existing criteria no
longer apply;
Management Act's goals and specific requirements;
Planning Policies; and
support the change.
Sec. 12.02.030. Time of filing.
A. The deadline for submitting an application for amendments to comprehensive
Docketing and
Amendment Procedures
G.Requests received each year after September 1 shall be considered in the,
following year's annual docket amendment process. '
Sec. 12.02.035. Process for review.
A. A+I pProposals for amendments to the comprehensive plan land use map that
have been filed with the planning services office in accordance with KC
12.02.0250-30(6) will be forwarded to the city council for action during the euFF
annualcomprehensive plan amendment annual cycle.
B. A41--pProposals for amendments to development regulations that have been
filed with the planning services office in accordance with KCC 12.02.02530(A) will be
considered in an annual docket report which is af�d-forwarded to the city council each
yea .
C. ASI pProposals for amendments to the comprehensive plan text and
development regulations filed with the planning services office in accordance with
KCC 12.02.02538(A) shall be compiled by the planning services office and distributed)
for review and comment to those city departments responsible for the applicable
element of the comprehensive plan orimplengenting the -development regulation. The
planning services office also shall seek public comment on the Comprehensive Plan
12.02.055.
D. Using the criteria provided in KCC 12.02.045, city staff will review and submit
to the planning services office, ne lateF t",ig Geteber 31, recommendations as tol,
which proposals should have action taken on them
which should be made part of a city department work program.
E. The planning services office will compile
e�R-proposed amendments to the comprehensive plan text, area -wide comprehensive)
plan land use map, and development regulations in an annual docket report along
with a list of the proposed site-specific amendments to the comprehensive plan lands
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Amendment Procedures
use map
considered, if known. The annual docket report shall be presented to the
F.
Fepert by He lateF than jaFivaFy 31. Proposed amendments to comprehensive plan
text, area -wide comprehensive plan land use map,, and development regulations +yet
appropriate for the current annual cycle shall be included for consideration in
the next years -docket reports for a period of three (3) years.
G. Fee .J. ekete d
1 VI VVI.I�C. IG.V
. als - pted by
the t., . eil fa ell . n the - , 1'
,
#—The annual docket report will be posted on the city's web site threughetrt the
year and updated annually.
Sec. 12.02.040. SEPA review.
After Sept,.ngbe_ , ,.t eh ..-.1....daF • tThe city's responsible official shall;
ll.l J.... L..nlll
review the cumulative anticipated environmental impact of the proposed amendments
to the comprehensive plan land use map, comprehensive plan text, and development
regulations, pursuant to the Washington State Environmental Policy Act (SEPA). If
7 Docketing and
Amendment Procedures
the responsible official determines that an environmental impact statement (EIS),I
supplemental EIS, or other appropriate environmental review is warranted, applicants)
for amendments to the comprehensive plan land use map may be responsible for a.
full or proportionate share of the costs of preparing the necessary documents asl
determined by the responsible official.
Sec. 12.02.045. Annual docket evaluation criteria.
A. Proposed amendments to the comprehensive plan
comprehensive plan land use map and development regulations on the annual docket
may be appropriate wed -for action if the following criteria have been met:
1. The proposed comprehensive plan text amendment addresses a ma
appropriate for inclusion in the comprehensive plan;
2.
comprehensive plan:
3. The proposal addresses the interests and changed needs of the entire
city as identified in its long-range planning and policy documents, including but not
limited to the comprehensive plan;
34. The proposal does not raise policy or land use issues that are n
appropriately addressed by an ongoing work program approved by city council;
45. The proposal can be reasonably reviewed within the time frame of th
current annual work program and existing staff and budget resources; and
56. The proposal has not been voted on eens+dered by the city council in
the last three (3) years. This time limit may be waived by the city council if the
in circumstances justifies the need for the amendment.
B. Staff may propose to expand the geographic scope of an amendment to the
comprehensive plan land use map to allow for consideration of adjacent property,
similarly situated property, or area wide impacts. The following criteria shall be used
8 Docketing and
Amendment Procedures
in determining whether to expand the geographic scope of a proposed land use map
amendment:
1. The effect of the proposed amendment on the surrounding area or
neighborhood or city;
2. The effect of the proposed amendment on the land use and circulation
pattern of the surrounding area or neighborhood or city; and
3. The effect of the proposed amendment on the future development
the surrounding area or neighborhood or city.
Sec. 12.02.050. Comprehensive plan amendment standard of review.
The planning services office may recommend and the city council may
approve, approve with modifications, or deny amendments to the comprehensive plan
text or land use 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 i
2. The amendment is based upon new information that was not available
at the time of adoption of the comprehensive plan, or that circumstances ha
changed since the adoption of the plan that warrant an amendment to the plan; a
whole and is in the best interest of the community; and
34. 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. 12.02.055. Public participation program, basic elements.
and development regulations.
9 Docketing and
Amendment Procedures
B Public participation shall at a minimum include the following elements:
1. Annual dissemination of a schedule for public participation.
2 Issuance of a citizen's guide to the comprehensive plan process that
provides information on citizen participation in the comprehensive plan process a
description of the procedure and schedule for amending the comprehensive plan and
development regulations, and a guide on how to use the docket.
3. Provision for broad dissemination of proposed amendments and
alternatives, if appropriate. The city shall make available to the public printed and
electronic information which clearly defines and visually portrays, when possible, thel
range of options under consideration by the city. This information shall also include a'
description of any policy considerations; the schedule for deliberation; opportunities
for public participation, information on the proposed amendment review procedures
for written comments and the name, address, and telephone number of the
responsible official(s). The methods employed may include, but are not limited to,
and to citizens or groups with a known interest in the proposal, government channel,
and internet,
4. Public meetings to obtain comments from the public or other agencies
on a proposed comprehensive or subarea plan, or an amendment to the
comprehensive plan or development regulation. Public meeting means an informal;
meeting hearing workshop or other public gathering of people for the purpose of
obtaining public comments and providing opportunities for open discussion All public
meetings associated with review of the comprehensive plan or development
regulations shall provide a means for the public to submit items for the docket A
public record of each public meeting should be maintained to include documentation
of attendance, record of mailed notice and a summary of public comments not
incorporated in the docket.
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Sec. 12.02.060. Process and notice requirements.
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accordance with KCC Chapter 12.01.
Sec. 12.02.090. Fees.
''aQ" `e th
>rrii o�nie $aiiie as the fee esab#si3ed for Fez@fles.There shall be no fee
docketed proposals to amend the comprehensive plan text or developer
regulations.
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Amendment Procedures
SECTION 2. - Severability. If any one or more sections, sub -sections, 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 3. -Effective Date. This ordinance shall take effect and be in force
thirty (30) days from and after the date of passage as provided by law.
-COOKE,MAYOR
ATTEST: SU E
`BRENDA JACOBER, CI1Y CLERK
APPROVED AS TO FORM:
/'7 f „
TO
KER, CITY ATTORNEY
PASSED: % / day of July, 2007.
APPROVED: / / day of July, 2007.
PUBLISHED: day of July, 2007.
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Docketing and
Amendment Procedures
I hereby certify that this is a true copy of ordinance no. -3W7 , 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 \Civil\Ordinance\12-02- Docket ngCPAProcedu res doc
GY(kSt-
BRENDA )ACOBER, ITY CLERK
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Amendment Procedures