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AN ORDINANCE relating to comprehensive planning and zoning; adopting the King County Comprehensive Plan 2004 amendments to the Comprehensive Plan 2000 and area zoning, in accordance with the Washington State Growth Management Act; and amending Ordinance 263, Article 2, Section 1, as amended, and K.C.C. 21.12.010, Ordinance 12824, Section 3, as amended, and K.C.C. 20.12.050 and Ordinance 10511, Section 7, as amended, and K.C.C. 20.36.100.
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BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. Findings. For the purposes of effective land use planning and regulation, the King County council makes the following legislative findings:
A. King County has adopted the 2000 King County Comprehensive Plan to meet the requirements of the Washington State Growth Management Act ("GMA");
B. The King County Code authorizes a review of the Comprehensive Plan and allows substantive amendments to the Comprehensive Plan once every four years and the King County Comprehensive Plan 2004 amendments represent the second major review of the Comprehensive Plan since 1994;
C. The GMA requires that the Comprehensive Plan and development regulations be subject to continuing review and evaluation by the county;
D. The GMA requires each county that designates urban growth areas to review the urban growth area at least every ten years and the GMA requires that King County complete the review and evaluation of its urban growth area on or before December 1, 2004;
E. The GMA requires that King County adopt development regulations to be consistent with and implement the Comprehensive Plan; and
F. The changes to zoning contained in this ordinance are needed to maintain conformity with the King County Comprehensive Plan, as required by the GMA. As such, they bear a substantial relationship to, and are necessary for, the public health, safety and general welfare of King County and its residents.
SECTION 2. Ordinance 263, Article 2, Section 1, as amended, and K.C.C. 20.12.10 are each hereby amended to read as follows:
Comprehensive Plan adopted.
A. Under the King County Charter, the state Constitution and the Washington State Growth Management Act, chapter 36.70A RCW, the 1994 King County Comprehensive Plan is adopted and declared to be the Comprehensive Plan for King County until amended, repealed or superseded. King County ((has)) performed its first comprehensive four-cycle review of the Comprehensive Plan. As a result of the review, King County amended the 1994 Comprehensive Plan through passage of the King County Comprehensive Plan 2000. King County performed its second comprehensive four-cycle review of the Comprehensive Plan in 2004. As a result of the review, King County amended the 2000 Comprehensive Plan through passage of the King County Comprehensive Plan 2004. The Comprehensive Plan shall be the principal planning document for the orderly physical development of the county and shall be used to guide subarea plans, functional plans, provision of public facilities and services, review of proposed incorporations and annexations, development regulations and land development decisions.
B. The amendments to the 1994 King County Comprehensive Plan contained in Appendix A to Ordinance 12061 (King County Comprehensive Plan 1995 amendments) are hereby adopted.
C. The amendments to the 1994 King County Comprehensive Plan contained in Attachment A to Ordinance 12170 are hereby adopted to comply with the Central Puget Sound Growth Management Hearings Board Decision and Order in Vashon-Maury Island, et. al. v. King County, Case No. 95-3-0008.
D. The Vashon Town Plan contained in Attachment 1 to Ordinance 12395 is adopted as a subarea plan of the King County Comprehensive Plan and, as such, constitutes official county policy for the geographic area of unincorporated King County defined in the plan and amends the 1994 King County Comprehensive Plan Land Use Map.
E. The amendments to the 1994 King County Comprehensive Plan contained in Appendix A to Ordinance 12501 are hereby adopted to comply with the Order of the Central Puget Sound Growth Management Hearings Board in Copac-Preston Mill, Inc., et al, v. King County, Case No. 96-3-0013 as amendments to the King County Comprehensive Plan.
F. The amendments to the 1994 King County Comprehensive Plan contained in Appendix A to Ordinance 12531 (King County Comprehensive Plan 1996 amendments) are hereby adopted as amendments to the King County Comprehensive Plan.
G. The Black Diamond Urban Growth Area contained in Appendix A to Ordinance 12533 is hereby adopted as an amendment to the King County Comprehensive Plan.
H. The 1994 King County Comprehensive Plan and Comprehensive Plan Land Use Map are amended to include the area shown in Appendix A of Ordinance 12535 as Rural City Urban Growth Area. The language from Section 1D of Ordinance 12535 shall be placed on Comprehensive Plan Land Use Map page #32 with a reference marker on the area affected by Ordinance 12535.
I. The amendments to the 1994 King County Comprehensive Plan contained in Appendix A to Ordinance 12536 (1997 Transportation Need Report) are hereby adopted as amendments to the King County Comprehensive Plan.
J. The amendments to the 1994 King County Comprehensive Plan contained in Appendix A to Ordinance 12927 (King County Comprehensive Plan 1997 amendments) are hereby adopted as amendments to the King County Comprehensive Plan.
K. The amendments to the 1994 King County Comprehensive Plan contained in the 1998 Transportation Needs Report, contained in Appendices A and B to Ordinance 12931 and in the supporting text, are hereby adopted as amendments to the King County Comprehensive Plan.
L. The amendments to the 1994 King County Comprehensive Plan contained in Appendix A to Ordinance 13273 (King County Comprehensive Plan 1998 amendments) are hereby adopted as amendments to the King County Comprehensive Plan.
M. The 1999 Transportation Needs Report contained in Attachment A to Ordinance 13339 is hereby adopted as an amendment to the 1994 King County Comprehensive Plan, Technical Appendix C, and the amendments to the 1994 King County Comprehensive Plan contained in Attachment B to Ordinance 13339 are hereby adopted as amendments to the King County Comprehensive Plan.
N. The amendments to the 1994 King County Comprehensive Plan contained in Attachment A to Ordinance 13672 (King County Comprehensive Plan 1999 amendments) are hereby adopted as amendments to the King County Comprehensive Plan.
O. The 2000 Transportation Needs Report contained in Attachment A to this Ordinance 13674 is hereby adopted as an amendment to the 1994 King County Comprehensive Plan, Technical Appendix C.
P. The Fall City Subarea Plan contained in Attachment A to Ordinance 13875 is adopted as a subarea plan of the King County Comprehensive Plan and, as such, constitutes official county policy for the geographic area of unincorporated King County defined in the plan. The Fall City Subarea Plan amends the 1994 King County Comprehensive Plan land use map by revising the Rural Town boundaries of Fall City.
Q. The amendments to the King County Comprehensive Plan contained in Attachment A to Ordinance 13875 are hereby adopted as amendments to the King County Comprehensive Plan.
R. The Fall City area zoning amendments contained in Attachment A to Ordinance 13875 are adopted as the zoning control for those portions of unincorporated King County defined in the attachment. Existing property-specific development standards (p-suffix conditions) on parcels affected by Attachment A to Ordinance 13875 do not change except as specifically provided in Attachment A to Ordinance 13875.
S. The amendments to the 1994 King County Comprehensive Plan Land Use Map contained in Attachment A to Ordinance 13987 are hereby adopted to comply with the Central Puget Sound Growth Management Hearings Board Decision and Order on Supreme Court Remand in Vashon-Maury Island, et. al. v. King County, Case No. 95-3-0008 (Bear Creek Portion).
T. The 2001 transportation needs report contained in Attachment A to Ordinance 14010 is hereby adopted as an amendment to the 1994 King County Comprehensive Plan, technical appendix C.
U. The amendments to the 1994 King County Comprehensive Plan contained in Attachments A, B and C to Ordinance 14044 (King County Comprehensive Plan 2000) are hereby adopted as amendments to the King County Comprehensive Plan. Attachment A amends the policies, text and maps of the Comprehensive Plan. Amendments to the policies are shown with deleted language struck out and new language underlined. The text and maps in Attachment A replace the previous text and maps in the Comprehensive Plan. Attachment B to Ordinance 14044 contains technical appendix A (capital facilities), which replaces technical appendix A to the King County Comprehensive Plan, technical appendix C (transportation), which replaces technical appendix C to the King County Comprehensive Plan, and technical appendix M (public participation), which is a new technical appendix that describes the public participation process for the King County Comprehensive Plan 2000. Attachment C includes amendments to the King County Comprehensive Plan Land Use Map. The land use amendments contained in Attachment C are adopted as the official land use designations for those portions of unincorporated King County defined in Attachment C to Ordinance 14044.
V. The Snoqualmie Urban Growth Area Subarea Plan contained in Attachment A to Ordinance 14117 is adopted as a subarea plan of the King County Comprehensive Plan and, as such, constitutes official county policy for the geographic area of unincorporated King County defined in the plan. Attachment B to Ordinance 14117 amends the King County Comprehensive Plan 2000 land use map by revising the Urban Growth Area for the City of Snoqualmie. Attachment C to Ordinance 14117 amends the policies of the Comprehensive Plan.
W. The Snoqualmie Urban Growth Area Subarea Plan area zoning amendments in Attachment D to Ordinance 14117 are adopted as the zoning control for those portions of unincorporated King County defined in the attachment. Existing property-specific development standards (p-suffix conditions) on parcels affected by Attachment D to Ordinance 14117 do not change
X. The amendments to the King County Comprehensive Plan 2000 contained in Attachment B to Ordinance 14156 are hereby adopted as amendments to the King County Comprehensive Plan.
Y. The amendments to the King County Comprehensive Plan 2000 contained in Attachment A to Ordinance 14185 are hereby adopted as amendments to the King County Comprehensive Plan in order to comply with the order of the Central Puget Sound Growth Management Hearings Board in Green Valley et al, v. King County, CPSGMHB Case No. 98-3-0008c, Final Decision and Order (1998) and the order of the Washington Supreme Court in King County v. Central Puget Sound Growth Management Hearings Board, 142 Wn.2d 543, 14 P.3d 133 (2000).
Z. The amendments to the King County Comprehensive Plan 2000 contained in Attachment A to Ordinance 14241 (King County Comprehensive Plan 2001 Amendments) are hereby adopted as amendments to the King County Comprehensive Plan.
AA. The amendment to the King County Comprehensive Plan 2000 contained in Attachment A to Ordinance 14286 is hereby adopted as an amendment to the King County Comprehensive Plan in order to comply with the Central Puget Sound Growth Management Hearings Board's Final Decision and Order in Forster Woods Homeowners' Association and Friends and Neighbors of Forster Woods, et al. v. King County, Case No. 01-3-0008c (Forster Woods), dated November 6, 2001.
BB. The amendments to the King County Comprehensive Plan 2000 contained in Attachment A to Ordinance 14448 (King County Comprehensive Plan 2002 Amendments) are hereby adopted as amendments to the King County Comprehensive Plan.
CC. The amendments to the King County Comprehensive Plan 2000 contained in Attachment A to Ordinance 14775 (King County Comprehensive Plan 2003 Amendments) are hereby adopted as amendments to the King County Comprehensive Plan.
DD. The amendments to the King County Comprehensive Plan 2000 contained in Attachments A, B, C, D and E to this ordinance (King County Comprehensive Plan 2004) are hereby adopted as amendments to the King County Comprehensive Plan. Attachment A, Part I, to this ordinance amends the policies, text and maps of the Comprehensive Plan. Attachment A, Part II, to this ordinance includes amendments to the King County Comprehensive Plan Land Use Map. The land use amendments contained in Attachment A, Part II, to this ordinance are adopted as the official land use designations for those portions of unincorporated King County defined in Attachment A, Part II, to this ordinance. Attachment B to this ordinance contains Technical Appendix A (Capital Facilities), which replaces technical appendix A to the King County Comprehensive Plan. Attachment C to this ordinance contains Technical Appendix B (Housing), which replaces Technical Appendix B to the King County Comprehensive Plan. Attachment D to this ordinance contains Technical Appendix C (Transportation), which replaces Technical Appendix C to the King County Comprehensive Plan 2000. Attachment E to this ordinance contains Technical Appendix D (Growth Targets and the Urban Growth Area 2004).
SECTION 3. The Comprehensive Plan 2004 zoning amendments contained in Attachment A, Part II, to this ordinance are adopted as the official zoning control for those portions of unincorporated King County defined in Attachment A, Part II, to this ordinance in accordance with K.C.C. 20.12.050. Existing property-specific development conditions (p-suffix conditions) and special district overlays on parcels affected by the Comprehensive Plan 2004 area zoning amendments, whether adopted through reclassifications or area zoning, are retained by this ordinance except as specifically amended by this ordinance. Property-specific development standards adopted, repealed or amended by this ordinance shall amend Appendix A of Ordinance 12824 in accordance with K.C.C. 20.12.050. Special district overlays adopted, repealed or amended by this ordinance shall amend Appendix B of Ordinance 12824 in accordance with K.C.C. 20.12.050.
SECTION 4. Ordinance 12824, Section 3, as amended, and K.C.C. 20.12.050 are each hereby amended to read as follows:
Zoning, potential zoning, property-specific development standards, special district overlays, regional use designations and interim zoning. Zoning adopted pursuant to this section shall constitute official zoning for all of unincorporated King County.
A. Official zoning, including but not limited to p-suffix, so-suffix and potential zoning, is contained in the SITUS file and is depicted on the official zoning maps, as maintained by the department of development and environmental services.
B. Appendix A of Ordinance 12824, as amended by this ordinance, is hereby adopted to constitute and contain all property-specific development standards (p-suffix conditions) applicable in unincorporated King County. The property specific development standards (p-suffix conditions) in effect or hereinafter amended shall be maintained by the department of development and environmental services in the Property Specific Development Conditions notebook. Any adoption, amendment or repeal of property-specific development standards shall amend, pursuant to this section, Appendix A of Ordinance 12824 as currently in effect or hereafter amended.
C. Appendix B of Ordinance 12824, as amended by this ordinance, is hereby adopted to constitute and contain special district overlays applied through Ordinance 12824. The special district overlays in effect or hereinafter amended shall be maintained by the department of development and environmental services in the Special District Overlay Application Maps notebook. Any adoption, amendment or repeal of special district overlays shall amend, pursuant to this section, Appendix B of Ordinance 12824 as currently in effect or hereafter amended.
SECTION 5. Ordinance 10511, Section 7, as amended, and K.C.C. 20.36.100 are each hereby amended to read as follows:
Criteria for approval public benefit rating system for open space land - rating system - bonus system - super bonus system.
A. To be eligible for open space classification under the public benefit rating system, property must contain one or more priority open space resources. These resources are ranked as high priority, medium priority and low priority resources and are based on the adopted King County Open Space Plan referenced in K.C.C. 20.12.380. High priority resources receive five points each, medium priority resources receive three points each and low priority resources receive one point each. Property can receive a maximum of thirty points from no more than six open space priority resources. In addition, bonus points and super bonus points may be awarded pursuant to K.C.C. 2|1013|.36.100B and C and a property can achieve a maximum of fifty-two points through the rating system and the bonus system. Portions of property may also qualify for open space designation. Complete definitions of each resource, sources and eligibility standards are fully described in the summary report adopted by reference by K.C.C. 20.36.150. The department of natural resources and parks shall have administrative authority to interpret issues relating to the priority resource definitions and eligibility standards outlined in the summary report.
1. High priority resources - five points each.
a. Active or passive recreation area.
b. Property under option for purchase as park, recreation, open space land or CIP mitigation site.
c. Aquifer protection area.
d. Shoreline: "Conservancy" environment.
e. Scenic resource, viewpoint or view corridor.
f. Surface water quality buffer area.
g. Open space close to urban or growth area.
h. Significant plant, wildlife or salmonid habitat area.
i. Significant aquatic ecosystem.
j. Historic landmark/archaeological site: designated site.
k. Trail linkage.
l. Urban or growth area open space.
m. Farm and agricultural conservation land.
n. Forest stewardship land.
o. Equestrian-pedestrian trail linkage.
p. Rural stewardship land.
q. Watershed protection.
2. Medium priority resources - three points each.
a. Public land or right-of-way buffer.
b. Special native plant site.
c. Natural shoreline environment.
d. Geological feature.
e. Eligible historic landmark or archaeological site.
f. Buffer to designated historic landmark/archaeological site.
g. Special animal site.
3. Low priority resource - one point.
a. Buffer to eligible historic/archaeological site.
B. Property qualifying in the specific high, medium or low priority categories may receive up to twenty-two bonus points if the following additional qualifications are met:
1. Resource restoration - five points.
2. Bonus surface water quality buffer - three or five points.
3. Contiguous parcels under separate ownership - two points.
4. Conservation or Historic Preservation Easement in perpetuity - five points.
5. Bonus public access points.
a. Unlimited public access - five points.
b. Limited public access - sensitive area - five points.
c. Limited public access - three points.
C. Property with at least one high priority resource and which allows unlimited public access, or limited public access if due to resource sensitivity, and which conveys a conservation, historic preservation, or trail easement in perpetuity, in a form approved by the county, shall be automatically eligible for current use value at ten percent of market value.
SECTION 6. Work program. The council hereby adopts the following work program items as part of the King County Comprehensive Plan 2004:
A. The executive shall transmit to the council by December 31, 2004, stand-alone legislation concerning the Green Building Initiative, including the Leadership in Energy and Environmental Design (LEEDs(TM)) certification program. The legislation must be filed in the form of fifteen copies with the clerk of the council, who shall retain the original and shall forward copies to each councilmember and to the lead staff for the budget and fiscal management committee or its successor. The transmittal package shall include a fiscal note to enable the council to conduct an analysis of the financial impacts of the proposal; and
B. The executive shall complete the studies required by policies R-106 and R-107, and shall transmit them to the council by December 31, 2005. The studies must be filed in the form of fifteen copies with the clerk of the council, who shall retain the original and shall forward copies to each councilmember and to the lead staff for the growth management and unincorporated areas committee or its successor; and
C. By December 31, 2005, the executive shall develop through an administrative rule making process a set of criteria for making decisions on a case-by-case basis as to whether existing water systems can meet their duty to supply water throughout their assigned water service areas in a timely and reasonable manner, and whether those systems can otherwise serve water to proposed new development with reasonable economy and efficiency;
D. By December 31, 2005, the executive shall transmit to the council a work plan for gathering data concerning the existing and potential impact of exempt wells on groundwater levels, stream flows and the general health of the aquifer in areas where exempt wells are used for water supply, and developing strategies to address the identified impacts. The work plan shall include the participation of relevant state agencies, and shall reflect ongoing work related to groundwater management areas and plans and salmon recovery plans. The work plan must be filed in the form of fifteen copies with the clerk of the council, who shall retain the original and shall forward copies to each councilmember and to the lead staff for the natural resources and utilities committee or its successor;
E. The executive shall complete a subarea planning process to study rural-zoned properties in the Sammamish valley agricultural production district, and shall transmit any required Comprehensive Plan amendments to the council as part of a future amendment to the Comprehensive Plan. The subarea plan must be filed in the form of fifteen copies with the clerk of the council, who shall retain the original and shall forward copies to each councilmember and to the lead staff for the growth management and unincorporated areas committee or its successor;
F. The executive shall complete a study of existing property-specific (p-suffix) development conditions for properties on Vashon and Maury Islands for the purpose of determining whether any p-suffix conditions are no longer applicable and should be removed from the zoning of individual parcels. The executive shall transmit any required legislation to the council by March 1, 2005. The legislation must be filed in the form of fifteen copies with the clerk of the council, who shall retain the original and shall forward copies to each councilmember and to the lead staff for the growth management and unincorporated areas committee or its successor;
G. The executive shall, contingent upon council appropriation of funds through the 2005 budget, complete a subarea planning process to study non-conforming industrial uses along the Maple Valley highway for properties adjacent to and near the old King County shop site for possible redesignation to a commercial center, and shall transmit any required Comprehensive Plan amendments to the council as part of the 2005 amendment to the Comprehensive Plan. The subarea plan must be filed in the form of fifteen copies with the clerk of the council, who shall retain the original and shall forward copies to each councilmember and to the lead staff for the growth management and unincorporated areas committee or its successor;
H. The executive shall, contingent upon council appropriation of funds through the 2005 budget, complete a subarea planning process to study expansion of the east Redmond rural neighborhood, and shall transmit any required Comprehensive Plan amendments to the council as part of the 2005 amendment to the Comprehensive Plan. The subarea plan must be filed in the form of fifteen copies with the clerk of the council, who shall retain the original and shall forward copies to each councilmember and to the lead staff for the growth management and unincorporated areas committee or its successor;
I. The executive shall complete a study of the county's development regulations governing accessory dwelling units in the urban and rural areas for the purpose of determining if such regulations provide adequate flexibility and fairness while meeting the goals of the Growth Management Act. As part of the study, the executive shall examine development regulations governing accessory dwelling units in other jurisdictions in King County, and in surrounding counties. The executive shall transmit any required legislation to the council by December 31, 2005. The legislation must be filed in the form of fifteen copies with the clerk of the council, who shall retain the original and shall forward copies to each councilmember and to the lead staff for the growth management and unincorporated areas committee or its successor; and
J. The executive shall complete a study of cottage housing models in the Puget Sound region and, upon completion of the study, shall propose amendments to the county's policies and development regulations if warranted. The executive shall transmit any required legislation to the council by December 31, 2005. The legislation must be filed in the form of fifteen copies with the clerk of the council, who shall retain the original and shall forward copies to each councilmember and to the lead staff for the growth management and unincorporated areas committee or its successor.
SECTION 7. Severability. If any provision of this ordinance or its application to
any person or circumstance is held invalid, the remainder of the ordinance or the application of the provision to other persons or circumstances is not affected.
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