Chapter 19.06
COMPREHENSIVE PLAN AMENDMENTS
Sections:
19.06.020 Comprehensive plan – Annual amendment – Exceptions.
19.06.030 Types of comprehensive plan amendments.
19.06.040 Application and criteria.
19.06.050 Amendments – Initiation.
19.06.070 Plan amendment process.
19.06.080 Public notification.
19.06.010 Purpose.
This chapter provides for a unified process for amending the city of Buckley’s comprehensive plan (“comprehensive plan”) on an annual basis as required by law. (Ord. 22-08 § 1 (Exh. A), 2008).
19.06.020 Comprehensive plan – Annual amendment – Exceptions.
(1) The comprehensive plan of the city of Buckley is the current or any future plan adopted pursuant to Chapter 36.70A RCW (the “Growth Management Act”). The comprehensive plan includes all subsequent annual amendments.
(2) Proposed amendments to the comprehensive plan shall be processed pursuant to this chapter and BMC Title 20.
(3) RCW 36.70A.130 allows annual amendment(s) of the comprehensive plan; except that amendments to the comprehensive plan may be considered more frequently to address the following:
(a) Resolution of an emergency condition or a situation that involves public health, safety or welfare; and when adherence to the annual amendment process would be further detrimental to public health, safety or welfare;
(b) Initial adoption of an identified subarea plan designed to comply with the Growth Management Act and to be consistent with the city’s comprehensive plan;
(c) An appeal of the plan filed with the Growth Management Hearings Board or with the court;
(d) The adoption or amendment of a shoreline master program under Chapter 90.58 RCW;
(e) An amendment of the capital facilities element of the comprehensive plan that occurs in conjunction with the adoption of the city budget;
(f) Adoption of comprehensive plan designation(s) associated with an annexation and intended to take effect upon annexation, or another date specified; or
(g) Resolution of decision by an administrative agency, or court of competent jurisdiction. (Ord. 13-19 § 3, 2019; Ord. 22-08 § 1 (Exh. A), 2008).
19.06.030 Types of comprehensive plan amendments.
(1) Site-Specific or Project-Specific Comprehensive Plan Amendments. Proponents of land development projects and/or property owner(s) or their authorized representative(s) may file an application for a proposed amendment to the comprehensive plan relating to a site-specific or project-specific proposal affecting the official map of comprehensive plan land use designations. Site-specific proposals must be filed concurrently with an application for a rezone for the subject site. Site-specific and project-specific comprehensive plan amendments are Type C-1 legislative decisions of the city council.
(2) City-Wide Comprehensive Plan Amendments. Proposals that broadly apply to the goals, policies and implementation strategies of the comprehensive plan, rather than amendments designed to address site-specific issues of limited applicability. These are typically suggestions for changes to the comprehensive plan text. City-wide comprehensive plan amendments are Type C-1 legislative nonproject decisions of the city council as per BMC Title 20. (Ord. 11-10 § 2, 2010; Ord. 22-08 § 1 (Exh. A), 2008).
19.06.040 Application and criteria.
(1) Applications for comprehensive plan amendments will be made to the department of planning and building on a form provided by the city. Each application for a comprehensive plan amendment shall require the following:
(a) A detailed description of the proposed amendment in nontechnical terms.
(b) An official, complete Buckley comprehensive plan amendment application that includes:
(i) Name and address of applicant, and designated contact person, if different from the applicant, indicate stated title (planner, engineer, contract purchaser, etc.). Note: when designated person is changed, notice shall be given to the city in writing;
(ii) Description of proposed plan amendment and associated development proposals (if applicable). Project-related amendments shall include plans, information and/or studies that accurately depict existing and proposed use(s) and improvements. Proposed plan amendments that do not specify proposed use(s) and potential impacts will be assumed to have maximum impact to the environment, and public facilities and services;
(iii) Map (if appropriate) showing area(s) affected by proposed plan amendment; and
(iv) Application and public notice fee as determined by the city’s adopted fee schedule.
(c) If requesting an amendment to the future land use map, a site plan that is accurate, legible and drawn to scale that provides the following:
(i) The existing dimensions and lot size(s), proposed dimensions and lot size(s);
(ii) Identify adjacent streets, existing and proposed access;
(iii) Identify existing and proposed structures and distances to property lines;
(iv) Location of proposed alterations or improvements;
(v) Location of any sensitive areas and their buffers on or within 150 feet of the site;
(vi) Location of any open space or preservation areas;
(vii) Location of any significant trees;
(viii) Location of drainage channels, sewer and water lines;
(ix) Identify existing and proposed easements; and
(x) Elevation plans, if applicable.
(2) Before an amendment to the comprehensive plan is approved, the following minimum requirements must be met:
(a) All proposed comprehensive plan amendments:
(i) Shall be consistent with the overall goals and intent of the comprehensive plan; and
(ii) Shall be consistent with the Growth Management Act and other applicable laws (local, state and federal); and
(iii) Must be weighed in light of cumulative effects of other amendments being considered.
(b) City-wide comprehensive plan amendments:
(i) Shall not adversely affect public health, safety, welfare, or related purposes stated in BMC 19.04.010 in any significant way; and
(ii) Shall address needs or changing circumstances of the city as a whole or resolve inconsistencies between the city of Buckley’s comprehensive plan and other city or other jurisdictions’ plans or ordinances; and
(iii) All known environmental impacts must be disclosed and/or measures must be included that reduce possible adverse impacts.
(c) Site-specific or project-specific comprehensive plan amendments:
(i) Shall be consistent with the land uses and growth projections which were the basis of the comprehensive plan or with subsequent updates to growth allocations; and
(ii) Shall be compatible with neighboring land uses and surrounding neighborhoods; and
(iii) Shall not cause adverse impacts to public services or facilities, or, if applicable, other properties in the vicinity, unless such impacts are reasonably mitigated. (Ord. 22-08 § 1 (Exh. A), 2008).
19.06.050 Amendments – Initiation.
(1) The city council or mayor may direct the planning director to prepare an application for a comprehensive plan amendment on behalf of the city. The director of planning (“planning director”) is authorized to initiate the process for annual amendments to the comprehensive plan. The planning director may initiate the process for annual amendments to the comprehensive plan on behalf of a private party that has filed a completed application consistent with the criteria established in BMC 19.06.040.
(2) The planning director may prepare implementing development regulations to accompany any proposed comprehensive plan amendments.
(3) The planning director shall docket and process each application as provided herein. (Ord. 22-08 § 1 (Exh. A), 2008).
19.06.060 Docket process.
The planning director shall prepare and administer a preliminary docket listing each application and containing written comments on proposed comprehensive plan amendments. Any interested party, including applicants, citizens and government agencies, may submit items to the docket.
(1) All comprehensive plan amendment applications must be completed and submitted to the department of planning and building by 5:00 p.m. on February 1st of any year in order to be considered during that year’s amendment process. Completed applications that are received after the submission date will be placed on the docket for the following calendar year. Applications that are incomplete will be returned to the applicant with a written statement reflecting items needed to complete the application.
(2) By March 15th of each year the planning director shall compile and maintain for public review a recommended final docket for project- or site-specific amendments and for citywide amendments, including any proposed development regulations necessary to implement such amendments. The director shall base these docket recommendations on a preliminary evaluation of the need, urgency, and appropriateness of the suggested comprehensive plan amendment as well as the planning department staff and budget availability to accommodate the public review process.
(3) The planning director shall provide notice of the recommended final dockets pursuant to the notice requirements of BMC Title 20.
(4) The planning director shall provide the recommended final docket of site- or project-specific amendments and city-wide comprehensive plan amendments, along with a brief description of each suggested plan amendment to the city council for review and consideration with recommendation as to compliance with the city’s adopted comprehensive plan and appropriate city codes. The city council, after considering the planning director’s recommended final dockets, shall adopt the final docket for the current year plan amendment cycle no later than June 1st of each year, except in 2008. (Ord. 22-08 § 1 (Exh. A), 2008).
19.06.070 Plan amendment process.
Upon adoption of the final docket, the annual plan amendment process shall be consistent with the general process and schedule described in BMC Title 20. The planning commission shall make its recommendation to the city council prior to September 15th of the current year. The city council shall make a final decision on each proposed amendment by December 15th of the current year. (Ord. 22-08 § 1 (Exh. A), 2008).
19.06.080 Public notification.
(1) Upon receipt of each application for a comprehensive plan amendment, the planning director will provide public notice as provided in BMC Title 20 to encourage maximum citizen participation. Additionally, general public notice shall be given at least 60 days, except in the case of emergency amendments, prior to the comprehensive plan amendment application deadline to inform the public of the annual plan amendment process, the deadline for plan amendment suggestions and applications and how to obtain additional information.
(2) When the council considers a significant change to an amendment to the comprehensive plan or development regulation, and the change is proposed after the opportunity for review and comments has concluded, an additional opportunity for review and comment on the proposed change shall be provided before the council votes on the proposed change.
(3) An additional opportunity for public review and comment is not required if the change has been discussed during the hearing process or presented as an alternative during the hearing process. (Ord. 22-08 § 1 (Exh. A), 2008).