HomeMy WebLinkAbout1803Resolution No. 1803
(Amending or Repealing Resolutions)
CFN = 377 -Comprehensive Plan
CFN = 565 -Surface Water and Drainage Utility
Passed-3/17/2009
Surface Water and Dra1nage Utility
RESOLUTION NO. J J' o_J
A RESOLUTION of the City Council of the
City of Kent, Washington, relatmg to
comprehensive plannmg; declanng an emergency
for the adopt1on of an amendment to the Cap1tal
Fac11it1es Element of the City's Comprehensive Plan
related to the amendment of the Surface Water
Design Manual.
RECITALS
A. The Capital Facilities Element of the City's Comprehensive Plan
provides the foundation and guidance for stormwater management w1thm the
City l1m1ts. The City's Surface Water Des1gn Manual ("SWDM") IS mtegrated
into the Capital Fac11it1es Element and IS the City's bluepnnt for long-range
stormwater management and development requirements.
B. The City's SWDM is being updated and requires a corresponding
update of the Capital Facilities Element. The update process for the SWDM
began in the winter of 2008. The City was tasked with Implementing changes
to the manual to meet equivalency standards of the 2005 Department of
Ecology's Stormwater Management Manual for Western Washington and
compliance with the National Pollution Discharge and El1mmation System Phase
II Perm1t. As a completion of th1s process, the Council w1ll be address1ng the
adopt1on of a revised SWDM and amendments to the Cap1tal Facilities Element.
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Amendment -Emergency:
Surface Water Design Manuel
2009 -Resolution
C. The Growth Management Act ("GMA") requ1res the City to
establish procedures governing amendments to the Comprehensive Plan that
lim1t amendments to once each year unless certam circumstances ex1st. RCW
36. 70A.130(2). The City has established a procedure for amending the
Comprehensive Plan m Chapter 12.02 Kent City Code (KCC), wh1ch allows
amendments in addition to the standard annual update 1f an emergency ex1sts.
An emergency is defined as an 1ssue of community-wide s1gnif1cance that
promotes the public health, safety, and general welfare of the City of Kent.
KCC 12.02.010(A).
D. The City Council finds that consideration of the proposed SWDM
amendments to the Cap1tal Facilities Element of the Comprehensive Plan
address the needs of the City regard1ng the mandatory Nat1onal Pollutant
Discharge El1minat1on System Phase 2 Permit (issued by the Washmgton State
Department of Ecology), stormwater management requirements, water quality
protection, and hab1tat improvements. These are issues of commumty-wide
significance that promote the public health, safety, and general welfare of the
City of Kent.
THE em COUNCIL OF THE em OF KENT, WASHINGTON, DOES
HEREBY RESOLVE AS FOLLOWS:
RESOLUTION
SECTION 1. -Recitals. The foregomg recitals are incorporated by th1s
reference.
SECTION 2. -Process and Direction. The City shall proceed with
consideration of the Surface Water Des1gn Manual (SWDM) amendments to the
Capital Fac1l1t1es Element w1thout undue delay. Such consideration shall
mclude compliance w1th the State Environmental Policy Act; Land Use and
2 Capital Facilities Element
Amendment -Emergency:
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2009 -Resolution
Planning Board workshop, public hearing, and recommendation; Council
committee recommendation, and final act1on by the City Council.
SECTION 3. -Emergency. Pursumg revisions of the Comprehensive
Plan to prov1de for amendments to the Cap1tal Facilities Element related to
amendment of the SWDM are issues of community-wide s1gn1f1cance that
promote the public health, safety, and general welfare in accordance With the
defin1t1on of an emergency as set forth m sect1on 12.02.010(A) of the Kent City
Code (KCC). The City Council, therefore, declares that an emergency ex1sts
and authorizes staff to process these rev1s1ons to the comprehensive plans
outs1de the annual amendment process m KCC 12.02.030.
SECTION 4. -Severability. If any sect1on, subsection, paragraph,
sentence, clause, or phrase of this resolution is declared unconstitutional or
mvalid for any reason, such decis1on shall not affect the validity of the
remaining port1ons of this resolution.
SECTION 5. -Ratification. Any act cons1stent w1th the authority and
pnor to the effect1ve date of this resolution IS hereby rat1f1ed and affirmed.
SECTION 6. -Effective Date. This resolution shall take effect and be in
force immediately upon its passage.
PASSED at a regular open public meeting by the city council of the city of
Kent, Washington, th1s I 7 day of 'lJ-1-tVL-c-4_.. , 2009.
CONCURRED in by the mayor of the city of Kent this I 7 day of
llifl!k.J.___ 1 2009,
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2009 -Resolution
ATTEST:
~~L.;~tL~ BkENDAJACOBER,C~CLERK -~--...
APPROVED AS TO FORM: -----
TO BRUB KER, CITY ATTORNEY
I hereby certify that this is a true and correct copy of Resolution No.
IS" c 3 passed by the city council of the city of Kent, Washington, the ---'-1-'-7 __
day of m~ , 2009.
P \Crvii\Resolutron\EmergencyResolutronSWM docx
~~~~
BRENDA JACOBER, ITY CLERK
...... _ ---
. _.. ..... _
_ .. ,/' ... ..... ---......
4 Capital Facilities Element
Amendment -Emergency:
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2009 -Resolution