Drafter
Clerk 10/10/2006
title
AN ORDINANCE relating to the King County Comprehensive Plan; and amending Ordinance 263, Article 2, Section 1, as amended, and K.C.C. 20.12.010 and Ordinance 13147, Section 30, as amended, and K.C.C. 20.18.140.
body
STATEMENT OF FACTS:
1. King County has adopted the 2004 King county Comprehensive Plan to meet the requirements of the Washington state Growth Management Act ("GMA"), chapter 36.70A RCW.
2. The King County Code allows amendments to the Comprehensive Plan once every year if those amendments are not substantive. Every four years a major review of the Comprehensive Plan is allowed at which time substantive amendments to the Comprehensive Plan can be considered. The last major review of the Comprehensive Plan was conducted in 2004. Therefore, 2006 is part of the annual cycle for which only amendments to the Comprehensive Plan that are not substantive are permitted.
3. The GMA requires that the Comprehensive Plan and development regulations be subject to continuing review and evaluation by the county.
4. The GMA requires that development regulations be consistent with and implement the Comprehensive Plan.
5. The amendments to the Comprehensive Plan contained in this ordinance bear a substantial relationship to, and are necessary for, the public health, safety and general welfare of King County and its residents.
BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. Ordinance 263, Article 2, Section 1, as amended, and K.C.C. 20.12.010 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1994 King County Comprehensive Plan is adopted and declared to be the Comprehensive Plan for King County until amended, repealed or superseded.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 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 to Ordinance 14044 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 to Ordinance 14044 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 to Ordinance 14044 includes amendments to the King County Comprehensive Plan Land Use Map. The land use amendments contained in Attachment C to Ordinance 14044 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 Ordinance 15028 (King County Comprehensive Plan 2004) are hereby adopted as amendments to the King County Comprehensive Plan. Attachment A, Part I, to Ordinance 15028 amends the policies, text and maps of the Comprehensive Plan. Attachment A, Part II, to Ordinance 15028 includes amendments to the King County Comprehensive Plan Land Use Map. The land use amendments contained in Attachment A, Part II, to Ordinance 15028 are adopted as the official land use designations for those portions of unincorporated King County defined in Attachment A, Part II, to Ordinance 15028. Attachment B to Ordinance 15028 contains Technical Appendix A (Capital Facilities), which replaces technical appendix A to the King County Comprehensive Plan. Attachment C to Ordinance 15028 contains Technical Appendix B (Housing), which replaces Technical Appendix B to the King County Comprehensive Plan. Attachment D to Ordinance 15028 contains Technical Appendix C (Transportation), which replaces Technical Appendix C to the King County Comprehensive Plan 2000. Attachment E to Ordinance 15028 contains Technical Appendix D (Growth Targets and the Urban Growth Area 2004).
EE. The 2004 transportation needs report contained in Attachment A to Ordinance 15077 is hereby adopted as an amendment to the ((2000)) 2004 King County Comprehensive Plan, technical appendix C.
FF. The amendments to the King County Comprehensive Plan 2004 contained in Attachment A to Ordinance 15244 (King County Comprehensive Plan 2005 Amendments) are hereby adopted as amendments to the King County Comprehensive Plan.
GG. Attachment A to Ordinance 15326, which is the King County Comprehensive Plan Sammamish Agricultural Production District Subarea Plan dated November 7, 2005, is hereby adopted as an amendment to the 2004 King County Comprehensive Plan, as amended, in order to comply with the Central Puget Sound Growth Management Hearings Board's Final Decision and Order in Maxine Keesling v. King County, Case No. 04-3-0024 (Keesling III), dated May 31, 2005.
HH. The amendments to the King County Comprehensive Plan 2004 contained in Attachments A, B, C and D to this ordinance are hereby adopted as amendments to the King County Comprehensive Plan. Attachment A to this ordinance (Amendment to the King County Comprehensive Plan 2004) amends the policies and maps of the King County Comprehensive Plan. Attachment B to this ordinance contains technical appendix O (Regional Trail Needs Report). Attachment C to this ordinance amends King County Comprehensive Plan, Technical Appendix C (Transportation), by replacing the transportation needs report. Attachment D to this ordinance amends King County Comprehensive Plan, Technical Appendix C (Transportation), by replacing the arterial functional classification map.
SECTION 2. Ordinance 13147, Section 30, as amended, and K.C.C. 20.18.140 are each hereby amended to read as follows:
Provision for receipt, review of and response to the docket.
A. In accordance with RCW 36.70A.470, a docket containing written comments on suggested plan or development regulation amendments shall be coordinated by the department. The docket is the means either to suggest a change or to identify a deficiency, or both, in the comprehensive plan or development regulation. For the purposes of this section, "deficiency" refers to the absence of required or potentially desirable contents of the comprehensive plan or development regulation and does not refer to whether a development regulation addressed a project's probable specific adverse environmental impacts that could be mitigated in the project review process. Any interested party, including applicants, citizens and government agencies, may submit items to the docket.
B. All agencies of county government having responsibility for elements of the comprehensive plan or implementing development regulations shall provide a means by which citizens may docket written comments on the plan or on development regulations. The department shall use public participation methods identified in K.C.C. 20.18.160 to solicit public use of the docket. The department shall provide a mechanism for docketing amendments through the Internet.
1. All docketed comments relating to the comprehensive plan shall be reviewed by the department and considered for an amendment to the comprehensive plan.
2. The deadline for submitting docketed comments is September 30 for consideration in the amendment cycle process for the following year.
3. By the first business day of December, the department shall issue an executive response to all docketed comments. Responses shall include a classification of the recommended changes as appropriate for either the annual or four-year cycle, and an executive recommendation indicating whether or not the docketed item(s) are to be included in the next year's executive recommended comprehensive plan update. If the docketed changes will not be included in the next executive transmittal, the department shall indicate the reason(s) why, and shall inform the proponent that they may petition the council during the legislative review process.
4. By the first business day of December, the department shall forward to the council a report including all docketed amendments and comments with an executive response. The report shall include a statement indicating that the department has complied with the notification requirements contained in this section.
5. Upon receipt of the docket report, the council shall ((mail written notice to)) include all proponents of docketed requests ((containing the council review process for the current year, and informing proponents that they may petition the council to consider docketed changes that were not recommended by the executive. This notice)) in the mailing list for agendas to all committee meetings in which the Comprehensive Plan will be reviewed during the next available update. At the beginning of the committee review process, the council shall ((include the)) develop a committee review schedule ((of)) with dates for ((public hearings,)) committee meetings((,)) and any other opportunities for public testimony ((on the current year's Comprehensive Plan update)) and for proponents to petition the council to consider docket changes that were not recommended by the executive and shall attach the review schedule to the agenda whenever the Comprehensive Plan is to be reviewed.
6. Docketed comments relating to development regulations shall be reviewed by the appropriate county agency. Those requiring a comprehensive plan amendment shall be forwarded to the department and considered for an amendment to the comprehensive plan. Those not requiring a comprehensive plan amendment shall be considered by the responsible county agency for amendments to the development regulations.
7. The docket report shall be made available through the internet. The department shall endeavor to make the docket report available within one week of transmittal to the council.
C. In addition to the docket, the department shall provide opportunities for general public comments both before the docketing deadline each year, and during the executive's review periods before transmittal to the council. The opportunities may include, but are not limited to, the use of the following: comment cards, electronic or posted mail, Internet, public meetings with opportunities for discussion and feedback, printed summaries of comments received and twenty-four-hour telephone hotlines. The executive shall assure that the opportunities for public comment are provided as early as possible for each stage of the process, to assure timely opportunity for public input.
SECTION 3. 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 shall not be affected.
1