There is adopted by this reference and made a part of this chapter as though fully set forth herein that certain plan known as “The Joint City of Rainier and Thurston County Comprehensive Growth Management Plan Update, 2004 Edition,” including all appendices and supplements therein, and all subsequent additions and amendments thereto. Said plan is to provide the policy framework for making land use and other planning decisions regarding the physical development of the city. Copies of said comprehensive plan are on file in the office of the clerk. (Ord. 548 § 2 (Exh. B) (part), 2007)

The provisions of Section 18.12.130, Enforcement, shall apply to this division. (Ord. 548 § 2 (Exh. B) (part), 2007)

Fees for text and or map amendments to the city’s comprehensive plan are established by resolution of the city council pursuant to Section 18.12.110, Fees. In addition, the applicant of any proposed amendment to the comprehensive plan shall be responsible for, and may be required to reimburse the city for, administrative costs associated with proposed amendments including special studies, staff review, mapping, printing, public noticing, etc., as determined by the community development department. (Ord. 548 § 2 (Exh. B) (part), 2007)

If any provision of this division or its application to any person or circumstances is held invalid, the remainder of this division, or application of the provision to other persons or circumstances, shall be unaffected. (Ord. 548 § 2 (Exh. B) (part), 2007)

A.    For the purpose of this section, the “comprehensive plan” shall be defined as the plan known as “The Joint City of Rainier and Thurston County Comprehensive Growth Management Plan, 2004 Edition,” as updated and amended.

B.    For the purposes of this section, “development regulations” shall be defined as:

1.    The controls placed on development or land use activities by the city, including, but not limited to, zoning, SEPA, critical areas ordinances, site development, design standards, signs, official controls, subdivision ordinances, and binding site plan ordinances, together with any amendments thereto. A development regulation does not include a decision to approve a project permit application, as defined in RCW 36.70B.020, even though the decision may be expressed in a resolution or ordinance of the city; and

2.    Pursuant to RCW 36.70A.040, development regulations must implement the comprehensive plan. (Ord. 548 § 2 (Exh. B) (part), 2007)

The planning commission shall make a recommendation of all proposed annual amendments, and the city council may approve or approve with modifications, an/those amendment(s) to the comprehensive plan if:

A.    There exists obvious technical error in the pertinent comprehensive plan provision; or

B.    The following criteria have been met:

1.    The proposed amendment is consistent with the comprehensive plan and other goals and policies of the city, the Thurston County Planning Policies, the Growth Management Act and other applicable law; and

2.    The proposed amendment addresses circumstances that have changed since the last time the relevant comprehensive plan map or text was considered; and

3.    The proposed amendment addresses the interests and changed needs of the entire city as identified in its long-range planning and policy documents; and

4.    If a site-specific proposed amendment, the subject property shall be suitable for development in general conformance with adjacent land uses and the surrounding development pattern, and with zoning standards under the potential zoning classifications; and

5.    The proposed amendment demonstrates a public benefit and enhances the public health, safety and welfare of the city.

C.    Factors that may be considered during the review of a proposed comprehensive plan amendment include, but are not limited to:

1.    The effect upon the physical environment.

2.    The effect upon the economic environment.

3.    The effect upon the social environment.

4.    The effect upon open space, surface waters, and environmentally sensitive areas.

5.    The effect upon parks of local significance.

6.    The effect upon historic and archeological resources of local significance.

7.    The compatibility with an impact upon adjacent land uses and surrounding neighborhoods.

8.    The adequacy of and impact upon capital facilities, utilities, and public services.

9.    The quantity and location of land planned for the proposed land use type and density.

10.    The current and forecasted population in the area or city.

11.    The effect upon other aspects of the city’s comprehensive plan. (Ord. 548 § 2 (Exh. B) (part), 2007)

A.    Amendments may, for example, propose new text or amend existing sections, elements, appendices, goals or policies of the plan, be site-specific, correct errors, edit language, or change the map. Except in the event of an emergency, as determined by the city council by resolution, plan amendments will be considered only once in a calendar year so that the cumulative effects of all proposed amendments can be analyzed for consistency and the overall effect on the remainder of the comprehensive plan. All plan amendments will follow the requirements for public participation in accordance with RCW 36.70A.140.

B.    Selection of Amendments to Be Considered.

1.    Anyone may propose an amendment.

2.    The proposed amendment cycle is between January 1st and December 31st.

3.    An application for a comprehensive plan amendment must be accompanied by any appropriate fees and charges established by the city fee schedule.

4.    A proposed amendment must be submitted in writing to the city’s community development department. Proposed amendments shall consist of at least the following information:

a.    Reference to the element(s) of the comprehensive plan that is proposed for amendment;

b.    Proposed amendatory language, preferably shown in a legislative (redlined) format (new language underlined; language proposed for deletion in strikeout); and

c.    An explanation of why the amendment is being proposed.

d.    Selection and Consideration of Proposed Amendments.

i.    The community development department will submit all proposed amendments received during the period as adopted in a separate resolution to the planning commission. The planning commission shall make a recommendation to the city council on all proposed amendments for that year. The planning commission may recommend approval, disapproval or recommend a modification to a proposed amendment during the selection process. The planning commission shall hold a public hearing before it makes its recommendation of the proposed amendments. Notice of the hearing shall be given by publication in the city’s official newspaper a minimum of fifteen (15) days before the scheduled hearing.

ii.    The planning commission will make a recommendation of all proposals to the city council based on the following criteria:

(A)    Consideration of the previous record if the amendment was reviewed and denied during a previous comprehensive plan review; and

(B)    The proposed amendment advances goals and policies of the comprehensive plan; and

(C)    The proposed amendment is consistent with the goals and regulations of the Growth Management Act; and

(D)    The relationship of the proposed amendment to other city codes and regulations; and

(E)    The cumulative effects of all requests for plan amendments.

iii.    After the proposed amendments have been considered by the planning commission, the planning commission will recommend a schedule to the city council that identifies timelines for plan amendment tasks and a schedule and procedures for public participation in accordance with RCW 36.70A.140.

iv.    Based on recommendations from the planning commission, the council will consider the merits of each proposed plan amendment for adoption in that year’s adoption process cycle. The council may modify a proposed amendment during the review process. The council’s decision to consider a proposed amendment does not constitute a decision or recommendation that the proposed amendment should be adopted, nor does it preclude later council action to add, delete, or modify the amendment.

v.    The proposed amendment shall also be consistent with current general policies in the comprehensive plan for site-specific areas. The amendment must also be consistent with policy implementation in the countywide planning policies, GMA, other state or federal law, or the WAC.

vi.    The amendment may also be the result of the county, state or federal law that requires the change or a decision of a court or administrative agency with authority to direct such a change.

C.    Expansion of the Geographic Scope of Proposal.

1.    Determination of geographic scope of proposal.

2.    Prior to providing public notice pursuant to Section 18.16.190, the city shall establish the geographic scope of the proposal.

3.    In order to allow for consideration of nearby property, similarly situated property or area-wide impacts, the city council or the planning commission may expand the geographic scope of a suggested site-specific amendment. The expansion of the geographic scope of a suggested amendment shall be decided by the city council or planning commission together with consideration of the suggestion during the annual docket adoption.

4.    The city shall consider the following in deciding whether to expand the geographic scope of a suggested amendment:

a.    The effect of the suggested amendment on the planning district or the subarea, or adjacent planning districts or subareas; and

b.    The effect of the suggested amendment on the land use and circulation pattern of the planning district, subarea or city; and

c.    The effect of the suggested amendment on the future development of the planning district, subarea or city.

D.    Review and Actions for Proposed Amendments.

1.    A written analysis for each of the planning commission proposed amendments will be prepared for the council. The analysis will be accompanied by a recommendation that the proposed amendment be approved, denied, or modified and approved.

2.    The city is responsible for conducting the State Environmental Policy Act (SEPA) review for the proposed amendment, including the preparation of an environmental impact statement, if necessary. SEPA review shall be completed before the lead department submits its analysis to the planning commission.

3.    Subsequent to completion of the analysis prepared by the lead department and the SEPA review (if required), the planning commission shall conduct one or more public hearings. The planning commission shall also solicit comments regarding the proposed amendment from the public or from government agencies in any other manner it determines necessary and appropriate to the nature of the proposed amendment and consistent with RCW 36.70A.140. Notification is facilitated pursuant to the provisions of Section 18.16.110, Process IV quasi-judicial procedures. The notice and public hearing for proposed comprehensive plan amendments may be combined with any notice or public hearing for proposed amendments to the comprehensive plan or for other actions of the planning commission. Written comments may be given by anyone to the planning commission regarding proposed plan amendments.

4.    By the date established in Section 18.32.040, Table 18.32-1—Amendment Timelines and Tasks, a comprehensive plan amendment may be approved or approved with modifications; provided, that each amendment shall:

a.    Not adversely affect public health, safety, or welfare in any significant way; and

b.    Be compatible with and advance the guiding principles, vision, and overall goals and policies of the comprehensive plan; and

c.    Be in compliance with the Growth Management Act and other state and federal laws; and

d.    Be weighed in light of cumulative effects of other amendments being considered.

5.    In addition to the above mandatory requirements, any proposed amendment must meet the following criteria:

a.    Addresses needs or changing circumstances of the city as a whole; and

b.    Will not result in development that has significant adverse effects on community resources including, but not limited to, water resources, utilities, transportation, parks or schools; and

c.    Is consistent with the land uses and growth projections which were the basis of the comprehensive plan; and

d.    Is compatible with neighboring land uses and surrounding neighborhoods, if appropriate; and

e.    Is consistent with the remaining provisions and overall intent of the comprehensive plan.

6.    Upon adoption of any comprehensive plan amendment, development regulations shall also be amended as necessary to ensure consistency with the comprehensive plan. (Ord. 548 § 2 (Exh. B) (part), 2007)

The timelines and tasks below outline the city of Rainier’s annual and major comprehensive plan amendment and review process. Minor amendments to the comprehensive plan shall be considered on an annual basis. To facilitate the comprehensive plan annual amendment and major review process, the following table shall apply:

NOTES:

1.    RCW 35.63.060 mandates a major review of the comprehensive plan to occur once every seven years. The next major review cycle shall begin in January 2011.

2.    Annual comprehensive plan amendment applications shall also be processed during the major comprehensive plan review cycle.

3.    The next major comprehensive plan review cycle must be completed by December 1, 2011.

4.    If an above date falls on a weekend, or is a recognized city holiday, the next business day shall be used as the cutoff date for any time period above.

(Ord. 558 § 1, 2008; Ord. 548 § 2 (Exh. B) (part), 2007)

In interpreting and applying the provisions of this division, these provisions shall be held to be the minimum requirements adopted for the promotion of the public health, safety or general welfare. Whenever the requirements of this division differ from the requirements of any other laws, ordinances, regulations or codes, the most restrictive shall apply. Regardless of any other provisions of this division, no land shall be used and no structure erected or maintained in violation of any state or federal pollution control or environmental protection law or regulation. (Ord. 548 § 2 (Exh. B) (part), 2007)

Where uncertainty exists as to any of the zone boundaries as shown on the zoning map, the following rules shall apply:

A.    Where such boundaries are indicated as approximately following the centerline of roads, streets, highways, alleys, railroads or rivers, the centerline shall be construed to be such boundaries.

B.    Where such boundaries are indicated as approximately following lot lines, the lot lines shall be construed to be such boundaries.

C.    In unsubdivided land and where a zone boundary divides an ownership, the location of the boundary, unless the dimensions shown on the map indicate it, shall be determined by the scale measurement. (Ord. 548 § 2 (Exh. B) (part), 2007)

A.    All provisions of this division shall apply within the Rainier urban growth area (as defined in the 2004 Rainier/Thurston County Joint Comprehensive Plan, as amended).

B.    All provisions of the Thurston County Code shall continue to apply within the urban growth area, including but not limited to the Thurston County right to farm, right to practice forestry, and critical area ordinances. (Ord. 548 § 2 (Exh. B) (part), 2007)

The planning director shall specify the submittal requirements, including type, detail and number of copies, for a comprehensive plan amendment application to be deemed complete and accepted for filing. The planning director may waive specific submittal requirements determined to be unnecessary for review of an application. (Ord. 548 § 2 (Exh. B) (part), 2007)

Procedures to appeal the outcome of comprehensive plan decisions processed pursuant to Section 18.16.110, Process IV quasi-judicial procedures, provided the appellant has legal standing pursuant to Chapter 18.08, Definitions, parties of record. (Ord. 548 § 2 (Exh. B) (part), 2007)

The purpose of this chapter is to provide a method to implement the goals of the Comprehensive Plan, 2004 Edition, regarding annexations to the city limits. Annexations of lands to the city of Rainier are governed by Chapter 35A.14 RCW. In addition, densities outside city limits but within the UGA will remain as detailed in the interlocal agreement until those lands within the UGA are annexed into the city limits. (Ord. 548 § 2 (Exh. B) (part), 2007)

Annexations should create logical boundaries, planned growth, and reasonable service areas on land that can physically accommodate development. The city shall analyze infrastructure needs, land capability, opinions of property owners, and the costs and benefits of potential annexations before annexing new lands. Identification of proposed annexation boundaries shall be logical for growth, and consider geographical features such as streams, railroads, and property lines. Identification of sites, which are suitable for industrial and heavy commercial development, should also be considered for possible annexation. Annexations areas should be timed to align with phased sewer and other infrastructure improvements according to the capital facilities plan. (Ord. 548 § 2 (Exh. B) (part), 2007)

Annexation proposals are subject to the procedures of Section 18.16.120, Process V legislative review criteria, and Sections 18.24.030 and 18.24.040. (Ord. 548 § 2 (Exh. B) (part), 2007)

Inquiry shall be made of the Thurston County parks department for possible acquisition of open spaces in conjunction with annexation proposals. (Ord. 548 § 2 (Exh. B) (part), 2007)

A.    Election Method. When the legislative body determines that the best interests and general welfare are served by the annexation, the legislative body may, by resolution, call for an election to be held to submit to the voters of such territory the proposal for annexation. The resolution shall, subject to RCW 35.02.170, describe the boundaries of the area to be annexed, state the number of voters residing therein as nearly as may be, and shall provide that said city will pay the cost of the annexation election. The resolution may require that there also be submitted to the electorate of the territory sought to be annexed a proposition that all property within the area annexed shall, upon annexation, be assessed and taxed at the same rate and on the same basis as the property of such annexing city is assessed and taxed to pay for all or any portion of the then-outstanding indebtedness of the city to which said area is annexed, which indebtedness has been approved by the voters, contracted for, or incurred prior to, or existing at, the date of annexation. Whenever the city has prepared and filed a proposed zoning regulation for the area to be annexed as provided for in RCW 35A.14.330 and 35A.14.340, the resolution initiating the election may also provide for the simultaneous adoption of the proposed zoning regulations upon approval of annexation by the electorate of the area to be annexed. A certified copy of the resolution shall be filed with Thurston County. A certified copy of the resolution shall be filed with the boundary review board as provided for in Chapter 36.93 RCW unless such annexation proposal is within the provisions of RCW 35A.14.220.

B.    Direct Petition Method. Proceedings for initiating annexation may be commenced by the filing of a petition of property owners of the territory proposed to be annexed, in the following manner.

1.    This method of annexation shall be alternative to other methods provided in this chapter. Prior to the circulation of a petition for annexation, the initiating party or parties, who shall be the owners of not less than ten percent (10%) in value, according to the assessed valuation for general taxation of the property for which annexation is sought, shall notify the legislative body, in writing, of their intention to commence annexation proceedings.

2.    The legislative body shall set a date, not later than sixty (60) days after the filing of the request, for a meeting with the initiating parties to determine whether the city will accept, reject, or geographically modify the proposed annexation, whether it shall require the simultaneous adoption of a proposed zoning regulation, if such a proposal has been prepared and filed for the area to be annexed as provided for in RCW 35A.14.330 and 35A.14.340, and whether it shall require the assumption of all or of any portion of existing city indebtedness by the area to be annexed.

3.    If the legislative body requires the assumption of all or of any portion of indebtedness and/or the adoption of a proposed zoning regulation, it shall record this action in its minutes and the petition for annexation shall be so drawn as to clearly indicate these facts.

4.    Approval by the legislative body shall be a condition precedent to circulation of the petition. There shall be no appeal from the decision of the legislative body. A petition for annexation of contiguous lands to the city may be filed with the legislative body of the municipality to which annexation is desired. It must be signed by the owners, as defined by RCW 35A.01.040(9)(a) through (d), of not less than sixty percent (60%) in value, according to the assessed valuation for general taxation of the property for which annexation is petitioned.

5.    Such petition shall set forth a description of the property according to government legal subdivisions or legal plats and shall be accompanied by a map that outlines the boundaries of the property sought to be annexed.

6.    If the legislative body has required the assumption of all or any portion of city indebtedness by the area annexed or the adoption of a proposed zoning regulation, these facts, together with a quotation of the minute entry of such requirement, or requirements, shall also be set forth in the petition. (Ord. 548 § 2 (Exh. B) (part), 2007)

A.    The legislative body may prepare a proposed zoning regulation to become effective upon the annexation of any area, which might reasonably be expected to be annexed. Such proposed zoning regulation, to the extent deemed reasonably necessary to be in the interest of health, safety, morals and the general welfare, may provide, among other things, for:

1.    The regulations and restriction within the area to be annexed of the location and the use of buildings, structures and land for residence, trade, industrial and other purposes; the height, number of stories, size, construction and design of buildings and other structures; the size of yards, courts and other open spaces on the lot or tract; the density of population; the setback of buildings and structures along highways, parks or public water frontages; and the subdivision and development of land;

2.    The division of the area to be annexed into districts or zones of any size or shape, and within such districts or zones regulate and restrict the erection, construction, reconstruction, alteration, repair or use of buildings, structures or land; and

3.    The time interval following an annexation during which the ordinance or resolution adopting any such proposed regulation, or any part thereof, must remain in effect before it may be amended, supplemented or modified by subsequent ordinance or resolution adopted by the city.

B.    All such regulations and restrictions shall be designed, among other things, to encourage the most appropriate use of land throughout the area to be annexed; to lessen traffic congestion and accidents; to secure safety from fire; to provide adequate light and air; to prevent overcrowding of land; to avoid undue concentration of population; to promote a coordinated development of the unbuilt areas; to encourage the formation of neighborhood or community units; to secure an appropriate allotment of land area in new developments for all the requirements of community life; to conserve and restore natural beauty and other natural resources; and to facilitate the adequate provision of transportation, water, sewerage and other public uses and requirements. (Ord. 548 § 2 (Exh. B) (part), 2007)

Other methods of annexation shall apply as specified by Chapter 35A.14 RCW, Annexation by Code Cites, and shall be processed pursuant to Section 18.16.120, Process V legislative review criteria. (Ord. 548 § 2 (Exh. B) (part), 2007)

A.    General application.

B.    Notice of intent to petition for annexation (ten percent (10%)).

C.    The following maps must be submitted with all notices of intent:

1.    Vicinity Map. Submit a vicinity map showing the following:

a.    The general vicinity of the proposal.

b.    The area proposed for annexation, highlighted in some manner.

c.    The boundaries of other cities near the annexation area (highlighted if not readily discernible).

2.    The assessor’s map showing specific parcel(s) and immediate vicinity.

3.    One or more maps showing the following:

a.    Dominant physical features such as lakes, creeks, and ravines.

b.    Floodplain boundaries (one hundred (100) year).

c.    Railroad lines.

d.    All public roads near the annexation.

e.    Any resource lands (agricultural, mineral, forest) within five hundred (500) feet of the annexation lands.

4.    One map showing the annexation and its relationship to the following:

a.    UGA boundary.

b.    Approved water service areas.

c.    Drainage basins.

5.    Other Maps.

a.    Existing county zoning, zoning requested by applicant, zoning proposed by city, contiguous city zoning, as well as shoreline designations.

b.    Location of water and sewer mains within proposed annexation, if any, and those nearby (any jurisdiction).

D.    Petition for annexation (sixty percent (60%)).

E.    Thurston County boundary review board application, submittal requirements and appropriate payment of fees.

F.    Mailing labels prepared for all property owners within three hundred (300) feet of the proposed annexation. (Ord. 548 § 2 (Exh. B) (part), 2007)

Annexations fees are established pursuant to Section 18.12.110, Fees. In addition, fees will be assessed at the city hourly rate to facilitate revisions to any text and or map amendments to the city’s comprehensive plan, development regulations or the zoning map. These fees and rates are established by resolution of the city council pursuant to Section 18.12.110, Fees. The applicant shall be responsible for, and may be required to, reimburse the city for administrative costs associated with annexations to the city including special studies, staff review, mapping, printing, public noticing or other costs. (Ord. 548 § 2 (Exh. B) (part), 2007)

The provisions of Section 18.12.130, Enforcement, shall apply to this division. (Ord. 548 § 2 (Exh. B) (part), 2007)