Chapter 2.45
LAND USE ADVISORY COMMISSIONS Revised 1/17 Revised 2/18 Revised 3/18 Revised 4/18 Revised 4/19

Sections:

2.45.010    Purpose. Revised 2/18 Revised 3/18

2.45.020    Created.

2.45.030    Composition. Revised 4/18

2.45.040    Membership – Terms of Office. Revised 2/18 Revised 3/18

2.45.050    Vacancies. Revised 3/18

2.45.060    Removal from Office.

2.45.070    Officers.

2.45.080    Rules and Records.

2.45.090    Quorum.

2.45.100    Voting Privileges.

2.45.110    Functions. Revised 2/18 Revised 3/18 Revised 4/19

2.45.115    Key Peninsula Land Use Advisory Commission. Revised 1/17 Revised 4/18

2.45.120    Coordination. Revised 2/18 Revised 3/18

2.45.130    Recommendations. Revised 4/19

2.45.140    Boundaries of Each LUAC.

2.45.010 Purpose. Revised 2/18 Revised 3/18

Land Use Advisory Commissions (LUACs) serve in an advisory capacity on land use matters within defined geographic areas as authorized in this Chapter to the Executive, the County Council, the Hearing Examiner, the Planning Commission, and the Planning and Public Works Department (PPW). The purpose of a LUAC is to facilitate a structured 2-way communication process between the County and community residents, property owners, and business owners regarding significant land use issues affecting communities within unincorporated Pierce County. (Ord. 2017-12s § 2 (part), 2017; Ord. 2010-70s § 2 (part), 2010; Ord. 98-15 § 1 (part), 1998)

2.45.020 Created.

All LUACs shall be created pursuant to the rules of the Council and this Chapter. The members of a LUAC shall be appointed by the County Executive, and confirmed by a majority of the County Council by Resolution. LUACs have been created within defined geographic areas, primarily those areas for which a community plan has been adopted. Table 2.45.020-1 identifies the Pierce County Land Use Advisory Commissions by community which have been created by Pierce County Council ordinance.

Table 2.45.020-1. Pierce County Land Use

Advisory Commissions

Community

Ordinance

Plan Effective Date

Alderton-McMillin

2001-37

June 1, 2008

Browns Point/Dash Point

2008-50s

October 1, 2008

Foothills Plateau

97-103

Frederickson

97-104s

December 15, 2003

Gig Harbor Peninsula

84-213

December 1, 2002

Graham

97-76

March 1, 2007

Greater Greenwater Gateway

97-102

Key Peninsula

2003-37

June 1, 2008

Mid-County

2003-89s2

March 1, 2006

Parkland-Spanaway-Midland

2003-90s2

September 3, 2002

South Hill

98-82

June 16, 2003

Southwest Pierce County

2001-65

Upper Nisqually

99-40

January 1, 2000

(Ord. 2010-70s § 2 (part), 2010; Ord. 98-15 § 1 (part), 1998)

2.45.030 Composition. Revised 4/18

A.    Each LUAC shall consist of nine, and not fewer than five, members who shall be broadly representative of the community and the various interests associated therewith, and who shall serve without compensation. If appointed membership is fewer than five members, the LUAC shall not convene. The additional requirements listed in PCC 2.45.030 D. shall not prevent a LUAC from convening.

B.    Every appointed member shall reside in, own a business, own property, or work within the geographical boundaries set forth in the community plan.

C.    A majority of the appointed members shall reside within the geographical boundaries set forth in the community plan.

D.    The following communities shall have additional composition requirements:

1.    Parkland-Spanaway-Midland shall include one member from each represented community: Parkland, Spanaway, and Midland.

2.    Mid-County shall include one member from each of the following areas: Summit-Waller, Summit View, and North Clover Creek Collins.

3.    Upper Nisqually shall include one member from each of the Gateway communities: Park Entrance, Ashford, Elbe, and Alder.

4.    Key Peninsula shall include two members from the Key Peninsula Community Council.

(Ord. 2018-9 § 1 (part), 2018; Ord. 2016-18 § 2 (part), 2016; Ord. 2012-2s § 1 (part), 2012; Ord. 2010-70s § 2 (part), 2010; Ord. 98-15 § 1 (part), 1998)

2.45.040 Membership – Terms of Office. Revised 2/18 Revised 3/18

After the LUAC is created, the first terms of the members shall be staggered as follows: two shall be appointed for one year; two shall be appointed for two years; two shall be appointed for three years; and three shall be appointed for four years. Thereafter, the successors to the first appointment shall be appointed to four-year terms. Members may serve until their successor is appointed and confirmed, or for 60 days following the expiration of the term, whichever is sooner. No member of a LUAC shall serve more than two consecutive full terms of office or eight consecutive years, whichever is the longer period, without a minimum of a one-year break in service.

Notwithstanding the 60-day limit above, LUAC members whose terms expire during a community plan update may file a request with the Planning and Public Works Department to remain on the LUAC until the process is complete. Upon approval by the Department, the Department shall notify the Pierce County Council of the request. The notification to Council shall state the name of the LUAC member, their appointment date, reason for the extension, estimated end date, and Council district. The request shall be deemed granted unless the Council adopts a Resolution denying the request within 14 days of notification by the Department. Extended member terms pursuant to this Section will terminate upon the final recommendation of the LUAC on the community plan update. (Ord. 2018-6 § 1 (part), 2018; Ord. 2017-84 § 1, 2017; Ord. 2010-70s § 2 (part), 2010; Ord. 98-15 § 1 (part), 1998)

2.45.050 Vacancies. Revised 3/18

LUAC vacancies occurring for any reason shall be filled by appointment for a full term. Appointments to fill vacancies shall be made pursuant to PCC 2.45.020. (Ord. 2018-6 § 1 (part), 2018; Ord. 2010-70s § 2 (part), 2010; Ord. 98-15 § 1 (part), 1998)

2.45.060 Removal from Office.

The Executive may remove any appointed member of a LUAC for inefficiency, neglect of duty, malfeasance, or three unexcused absences in one year. Removal shall require approval by a majority of the Council. (Ord. 2010-70s § 2 (part), 2010; Ord. 98-15 § 1 (part), 1998)

2.45.070 Officers.

Following creation of a LUAC, its members shall elect a Chair, Vice-Chair, and Secretary. Thereafter, election of officers shall take place at the regular December meeting of the LUAC each year, or next soonest scheduled meeting if there is no December meeting. Additionally, the following requirements shall apply:

A.    A quorum shall be present for officer election.

B.    Elected officers shall be recognized at the next regularly scheduled meeting following election.

C.    The Chair shall serve for one year and shall serve as contact person with other LUACs, staff, and Council.

D.    The Vice-Chair shall serve for one year and during the absence, disability, or disqualification of the Chair, shall exercise or perform all the duties and be subject to all the responsibilities of the Chair.

E.    The Secretary shall serve for one year and whenever the Chair and Vice-Chair are absent, or unable to participate, the Secretary shall exercise or perform all the duties and be subject to all the responsibilities of the Chairperson.

F.    If at any time, the position of Chair becomes vacant, the Vice-Chair shall automatically succeed to the Chair, and a new Vice-Chair shall be elected at the next regular meeting.

(Ord. 2010-70s § 2 (part), 2010; Ord. 98-15 § 1 (part), 1998)

2.45.080 Rules and Records.

Each LUAC shall follow Roberts Rules of Order. Action taken by a simple majority of members present at any given meeting shall constitute a recommendation pursuant to PCC 2.45.130, provided a quorum is present. If known in advance that a quorum will not be present, the meeting will be rescheduled for the next regularly scheduled meeting date and no advertising will be sent; or, in the event of a lack of quorum at a meeting, the Commission members present shall continue the business of the Commission to the next regularly scheduled meeting date. All votes shall be polled and recorded. All meetings shall be open to the public, pursuant to Chapter 42.30 RCW, the Open Public Meetings Act. (Ord. 2012-2s § 1 (part), 2012; Ord. 2010-70s § 2 (part), 2010; Ord. 98-15 § 1 (part), 1998)

2.45.090 Quorum.

A quorum for conducting official business of the LUAC shall be a majority of the appointed membership, excluding vacancies. No public meeting shall be conducted nor testimony accepted unless a quorum is present. (Ord. 2012-2s § 1 (part), 2012; Ord. 2010-70s § 2 (part), 2010; Ord. 98-15 § 1 (part), 1998)

2.45.100 Voting Privileges.

Each member of a LUAC shall be entitled to one vote on any matter duly before the LUAC. (Ord. 2010-70s § 2 (part), 2010; Ord. 98-15 § 1 (part), 1998)

2.45.110 Functions. Revised 2/18 Revised 3/18 Revised 4/19

LUACs are ad hoc commissions which make recommendations to the County on land use matters relative to the community it represents, as described in this Chapter. To this end, the LUACs shall have the following functions:

A.    After adoption of a community plan or update consistent with the Pierce County Comprehensive Plan, the LUAC:

1.    Shall monitor the progress made in implementation of community plan policies and forward any concerns or recommendations to the County Council, the Executive, and the Planning and Public Works Department (PPW);

2.    May recommend to the Executive and County Council that amendments to the Comprehensive Plan or community plan be initiated pursuant to the procedures in Chapter 19C.10 PCC;

3.    Shall review and provide recommendations to the County Council, the Executive and the Planning Commission on proposed Comprehensive Plan amendments affecting the applicable community;

4.    May assist PPW in projects and studies related to the refinement, improvement, or augmentation of the Comprehensive Plan and regulations, which are initiated by PPW; and

5.    Shall oversee and make recommendations to the Planning Commission for Community Plan updates and constitute the planning body for updates to a community plan.

B.    Review applications for proposed developments within the represented community for which a public hearing is required and convey such recommendations, including the basis or rationale for the recommendations, to the Planning and Public Works Department and the Hearing Examiner.

1.    During the Notice of Application comment period, the LUAC chair or applicant may request early project review and discussion time at a scheduled LUAC meeting, where time is available on the agenda. Current Planning staff support will not be required for this agenda item.

C.    Review Development Agreements associated with properties within their respective community planning area pursuant to Chapter 18A.100 PCC and convey recommendations, including the basis or rationale for the recommendations, to the County Council and the Executive.

D.    The South Hill Advisory Commission shall recommend to the Executive two members to serve as ex-officio non-voting members of the Pierce County Airport/Thun Field Advisory Commission for discretionary land use permit review.

E.    The Peninsula Advisory Commission shall recommend to the Executive one member to serve as a voting member of the Tacoma Narrows Airport Advisory Commission.

F.    Review applications for proposed Shoreline Substantial Development Permits and Shoreline Administrative Conditional Use Permits within the represented community and provide a recommendation to the Planning and Public Works Department providing the rationale for such recommendation.

(Ord. 2018-95 § 1, 2019; Ord. 2017-12s § 2 (part), 2017; Ord. 2016-18 § 2 (part), 2016; Ord. 2012-61s § 3, 2012; Ord. 2010-70s § 2 (part), 2010; Ord. 2004-78 § 2 (part), 2004; Ord. 98-15 § 1 (part), 1998)

2.45.115 Key Peninsula Land Use Advisory Commission. Revised 1/17 Revised 4/18

A.    Purpose. The Key Peninsula LUAC shall serve in an advisory capacity to the County Council and Executive. The purpose of the Key Peninsula LUAC is to facilitate a structured two-way communication process between the County and Key Peninsula residents, property owners, and business owners regarding significant issues affecting the community within Pierce County's jurisdiction. Issues include, but are not limited to, land use, environmental regulations, infrastructure, schools, and public safety.

B.    Composition. The membership of the commission shall include two members of the Key Peninsula Community Council. The two members shall be selected from the directors of the Key Peninsula Community Council. The Key Peninsula Community Council shall be requested to nominate these members. In the event the Community Council fails to nominate members, the Pierce County Executive shall directly solicit nominations from the individual members of the Community Council. The two members shall be subject to appointment by the Pierce County Executive and confirmation by the Pierce County Council, and shall be appointed to a four-year term.

C.    Functions. The functions of the Key Peninsula LUAC shall be as follows:

1.    The Key Peninsula LUAC shall perform all functions set forth in PCC 2.45.110.

2.    The Key Peninsula LUAC may serve as a public forum for the presentation and discussion of public projects and public services provided by Pierce County that affect the Key Peninsula including, but not limited to, public works projects and law enforcement.

3.    The Key Peninsula LUAC may serve as a public forum to discuss other issues of importance to the community and to articulate and communicate issues of concern to the County Council and/or Executive.

D.    Recommendations.

1.    The Key Peninsula LUAC shall make recommendations as set forth in PCC 2.45.130.

2.    The Key Peninsula LUAC shall also be authorized to make recommendations regarding public projects and services and other issues of importance to the community. All such recommendations shall require majority approval by a quorum of the Key Peninsula LUAC and shall only be made after a properly noticed public hearing regarding the subject project, service, or issue has been held by the LUAC.

E.    Coordination. The Key Peninsula LUAC shall coordinate all matters relating to the Commission's performance of its duties, including administration of the meetings, providing required notice, requesting appointments and reappointments, keeping records of meetings and decisions, documenting the Commission's rules of procedure, and forwarding recommendations of the Commission to the County Council and Executive.

(Ord. 2018-9 § 1 (part), 2018; Ord. 2016-63s2 § 5, 2016; Ord. 2016-4 § 1, 2016; Ord. 2014-1s § 1, 2014)

2.45.120 Coordination. Revised 2/18 Revised 3/18

The Planning and Public Works Department (PPW) shall:

A.    Provide assistance as may be necessary for each LUAC to perform its duties, including new member training, administration of the meetings, providing required notice, requesting appointments and reappointments, keeping records of meetings and decisions, forwarding recommendations of the LUAC with the associated meeting minutes to the Hearing Examiner and provide information needed for LUAC review and analysis.

B.    Transmit Notice of Applications to LUACs of all pending land use applications and proposed Comprehensive Plan amendments affecting the applicable community.

C.    Prepare a staff report for LUAC review and upon receipt of the LUAC recommendation, forward the recommendation to the decision-maker according to the schedule provided in PCC 2.45.130 below.

D.    Ensure that the LUAC receives a copy of the Hearing Examiner decisions and is notified of any appeals or reconsiderations filed that relate to LUAC recommendations.

(Ord. 2017-12s § 2 (part), 2017; Ord. 2010-70s § 2 (part), 2010; Ord. 2004-78 § 2 (part), 2004; Ord. 98-15 § 1 (part), 1998)

2.45.130 Recommendations. Revised 4/19

Each LUAC shall make recommendations on matters only when such matters affect land within the geographic boundaries of the LUAC. The LUAC shall make recommendations through the voting process only when a quorum is present. Recommendations of the LUAC shall be accomplished in the following manner:

A.    Formal written recommendations must be received by the decision-maker and applicant at least seven days prior to the date scheduled for the initial public hearing with the Hearing Examiner or, in the case of Comprehensive Plan Amendments, with the Planning Commission. Written comments shall include the reasons for such recommendation. Any oral presentation by a LUAC member to the Hearing Examiner or Planning Commission shall only be permitted to clarify the written recommendation. Any presentation by a LUAC member which goes beyond clarifying the written recommendation of the LUAC shall be considered a personal recommendation. Formal written recommendations to the Director related to any administrative permit must be provided at least seven days prior to the date scheduled for a final administrative decision.

B.    Recommendations on a land use application or pending Comprehensive Plan amendments shall be to approve, modify and approve, deny, or make no recommendation.

1.    The LUAC recommendation shall include the reasons for such recommendation.

2.    If substantial project changes are proposed after the LUAC meeting, the decision-maker may delay its decision or continue a public hearing in order to receive additional LUAC recommendations.

C.    For land use applications, the LUAC may recommend that the Hearing Examiner continue a scheduled public hearing to obtain additional information or LUAC recommendations. This recommendation must be received by the Hearing Examiner and applicant at least seven days prior to the date scheduled for the initial public hearing. At the public hearing, the Hearing Examiner may continue the hearing or hold the hearing as scheduled. If the hearing is continued, the Hearing Examiner may choose to refer the matter back to the LUAC once the information is obtained.

D.    LUAC recommendations to initiate Comprehensive Plan or regulation changes shall require approval by a majority of the LUAC. The recommendation shall be accompanied by an application as required by the County and forwarded to the County Council and/or the County Executive. Those forwarded to the County Council must be received by the date established in Chapter 19C.10 PCC. Those forwarded to the County Executive must be received by the date specified by Planning and Land Services, typically, two to four weeks prior to the deadline in Chapter 19C.10 PCC.

(Ord. 2018-95 § 2, 2019; Ord. 2010-70s § 2 (part), 2010; Ord. 2004-78 § 2 (part), 2004; Ord. 98-15 § 1 (part), 1998)

2.45.140 Boundaries of Each LUAC.

A.    Boundaries are intended to be the base for future community planning efforts and shall be defined based on the guidelines provided in PCC 19A.110.030 C.

B.    Geographic boundaries of each LUAC shall be included in PCC 2.45.140, until such time as a community plan is adopted. Thereafter, the LUAC's boundaries shall be as described in the community plan.

C.    The Greater Greenwater Gateway boundaries are as follows:

North Boundary: Following the Pierce County boundary with King County, starting at the northwest corner of Section 9, Township 19 North, Range 9 East, east to the northeast corner of the County, where it abuts Kittitas and Yakima County, at Section 35, Township 19 North, Range 11 East;

East Boundary: Thence, following the Pierce County boundary with Yakima County, south to the southern border of Section 35, Township 17 North, Range 10 East where it intersects with the boundary of Mount Rainier National Park;

South and West Boundary: Thence, following the boundary of Mount Rainier National Park north to the northeast corner of the Park boundary at the southern border of Section 33, Township 18 North, Range 10 East. Thence west along the Park boundary to the southwest corner of Section 33, Township 18 North, Range 10 East. Thence northward to the point of beginning.

D.    The Southwest Pierce County area is generally described as bordered to the north by Fort Lewis and the Graham Community Plan area, to the east by Designated Forest Land, to the south by the Upper Nisqually Valley Community Plan area, and to the west by the Pierce/Thurston County line. This area is fully described as follows:

East Boundary: Beginning at the intersection of the south boundary line of the Graham Community Plan area and the west boundary line of Pierce County's Designated Forest Land, as adopted by Ordinance No. 90-178S, said point being on the north line of Section 30, Township 17 North, Range 5 East; thence southerly along said forest land boundary to its intersection with the north line of the Upper Nisqually Valley Community Plan area, said point being on the north line of Section 6, Township 15 North, Range 5 East;

South Boundary: Thence west along said community plan area boundary to its intersection with the Pierce-Thurston County line;

West Boundary: Thence northwesterly along said County line to its intersection with the boundary of Fort Lewis Military Reservation, said point being on the west line of Section 16, Township 17 North, Range 2 East;

North Boundary: Thence northerly and easterly along said boundary to its intersection with the north line of Section 23, Township 18 North, Range 3 East; thence east along said line to the center right-of-way line of SR-7 (Mountain Highway), said point also being on the west boundary line of the Graham Community Plan area; thence south along the west line and east along the south line of said community plan area to the point of beginning.

E.    The Foothills Plateau boundaries are as follows:

North Boundary: Beginning at the intersection of the Comprehensive Urban Growth Area (CUGA) boundary and the Pierce County/King County line, at the northwest corner of Section 4, Township 20 North, Range 5 East, W.M.; thence easterly and southeasterly along said County line to its intersection with the City of Buckley city limits;

East Boundary: Thence southerly along said City limits to its intersection with the east line of Section 9, Township 19 North, Range 6 East; thence south along said east line and the east line of Section 16 of said Township to a line parallel with and 1,320 feet south of the north line of said Section 16;

South Boundary: Thence west on said parallel line to the west line of Section 16, Township 19 North, Range 6 East; thence north on said west line and the west line of Section 9 of said Township to the intersection with Highway 162; thence westerly along said Highway 162 to the South Prairie city limits; thence westerly and southerly along said City limit to its intersection with Highway 162; thence westerly along Highway 162 to its intersection with the east line of Section 27, Township 19 North, Range 5 East;

West Boundary: Thence north along the east line of Section 27, Township 19 North, Range 5 East and the east line of Section 22 of said Township to its intersection with the Comprehensive Urban Growth Area (CUGA) boundary; thence following said CUGA boundary to the northeast corner of Section 22, Township 19 North, Range 5 East; thence west along the north line of said section to its northwest corner; thence north following the border of the Employment Based Planned Community (EBPC) designation to the CUGA boundary; thence continuing north along the CUGA boundary to the Bonney Lake City limits; thence northerly along the eastern border and westerly along the northern border of the City of Bonney Lake to its intersection with the east-west centerline of Section 29, Township 20 North, Range 5 East; thence westerly along said east-west centerline to its intersection with State Road 410; thence northwesterly along said highway to its intersection with the CUGA boundary; thence northerly along said CUGA boundary to the Pierce County/King County line, and the point of beginning.

(Ord. 2010-70s § 2 (part), 2010; Ord. 98-15 § 1 (part), 1998)