Chapter 17.125
AMENDMENTS TO COMPREHENSIVE PLAN AND DEVELOPMENT REGULATIONS
Sections:
17.125.050 Comprehensive plan text and map amendments.
17.125.060 Development agreements associated with a comprehensive plan amendment.
17.125.080 Site-specific zoning map amendments.
17.125.090 Development regulation text amendments.
17.125.010 Title.
This chapter shall be called “Amendments to Comprehensive Plan and Development Regulations.” (Ord. 1857 § 2 (Exh. B), 2018).
17.125.020 Application.
The provisions of this chapter shall be applicable to all zones as set forth in this title. (Ord. 1857 § 2 (Exh. B), 2018).
17.125.030 Purpose.
The purpose of this chapter is to establish procedures and criteria for amending the city’s zoning map, development regulations, comprehensive plan, and comprehensive plan map. (Ord. 1857 § 2 (Exh. B), 2018).
17.125.040 Authority.
This title is created pursuant to the authority set forth in chapters 35A.63, 36.70A, and 36.70B RCW and other applicable laws. (Ord. 1857 § 2 (Exh. B), 2018).
17.125.050 Comprehensive plan text and map amendments.
A. General. Pursuant to RCW 36.70A.130(2)(a) and the process set forth in BMC Title 14A, proposed updates to the comprehensive plan shall be processed only once a year except for the adoption of original subarea plans, amendments to the shoreline master program, the amendment of the capital facilities chapter concurrent with the adoption of the city budget, in the event of an emergency or to resolve an appeal of the comprehensive plan filed with the Growth Management Hearings Board.
B. Amendment Procedures. Comprehensive plan text and map amendments are classified as Type IV decisions and shall be processed pursuant to BMC Title 14A. (Ord. 1857 § 2 (Exh. B), 2018).
17.125.060 Development agreements associated with a comprehensive plan amendment.
A. Pursuant to RCW 36.70B.170 through 36.70B.210, the city may enter into a development agreement with a person having ownership or control of real property within its jurisdiction as part of a comprehensive plan amendment and associated rezone. A development agreement and subsequent rezone shall be consistent with applicable development regulations set forth in BMC Title 14A.
B. Development agreements associated with a comprehensive plan amendment are classified as Type IV decisions and shall be processed in compliance with the comprehensive plan amendment and the regulations of RCW 36.70B.170 through 36.70B.210.
C. Development agreements associated with a comprehensive plan amendment and subsequent rezone may be used at the city council’s discretion. Development agreements may be used to place restrictions on a proposed amendment to minimize the impacts of future development.
D. Development Agreement Contents. For the purpose of this section, development standards may include, but are not limited to, the following:
1. Project elements such as permitted uses, residential densities, and nonresidential densities and intensities or building sizes;
2. The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of state law, any reimbursement provisions, other financial contributions by the property owner, inspection fees, or dedications;
3. Mitigation measures, development conditions, and other requirements under chapter 43.21C RCW;
4. Design standards such as maximum heights, setbacks, drainage and water quality requirements, landscaping, and other development features;
5. Affordable housing;
6. Parks and open space preservation;
7. Phasing;
8. Review procedures and standards for implementing decisions;
9. A build-out or vesting period for applicable standards; and
10. Any other appropriate development requirement procedure.
E. The final decision authority for approval of the development agreement and development plan shall be the city council as set forth in BMC Title 14A.
F. The decision of the city council on a development agreement and plan in conjunction with a comprehensive plan amendment and subsequent zoning change is the final decision of the city and may be appealed pursuant to chapter 36.70C RCW.
G. A development agreement shall be recorded with the Skagit County auditor at the applicant’s expense. During the term of the development agreement, the agreement is binding on the parties and their successors.
H. The city will process and decide upon an application for an amendment as if it were an application for a new development agreement in a manner set forth above, unless it is deemed a minor modification as set forth in subsection (I) of this section.
I. Modifications of Development Plan.
1. The director of community development may approve minor modifications to the development plan pursuant to BMC Title 14A.
2. Criteria for approving minor modifications include but are not limited to the following:
a. Shall conform to the terms of the development agreement;
b. Shall not reduce landscaping, buffering, or open space areas;
c. Shall not reduce setback requirements;
d. Shall not result in an increase in height of any structure;
e. Shall not result in a change in ingress or egress;
f. Shall not increase any adverse impacts or undesirable effects;
g. Shall not significantly alter the project. (Ord. 1857 § 2 (Exh. B), 2018).
17.125.070 Area-wide rezones.
A. Area-wide rezones shall be considered only in conjunction with updates to the comprehensive plan text and maps to ensure full consideration of the cumulative effects of all changes.
B. Area-wide rezones are classified as Type IV decisions and shall be processed pursuant to BMC Title 14A. (Ord. 1857 § 2 (Exh. B), 2018).
17.125.080 Site-specific zoning map amendments.
A. Site-specific zoning map amendment requests, which are consistent with the comprehensive plan map, may be submitted at any time. Site-specific zoning map amendments consistent with the comprehensive plan map shall be processed as a Type III review pursuant to BMC Title 14A. Amendments to the zoning map which are not consistent with the comprehensive plan map shall be processed as a Type IV review and may only be considered in conjunction with a corresponding amendment to the comprehensive plan.
B. All site-specific zoning map amendment requests must meet all of the following criteria:
1. The requirements of RCW 36.70A.070(6), Concurrency;
2. The requested map amendment is consistent with the comprehensive plan;
3. The map amendment bears a substantial relation to the public health, safety and welfare;
4. The map amendment is warranted in order to achieve consistency with the comprehensive plan or because of a need for additional property in the proposed zoning district classification, or because the proposed zoning classification is appropriate for reasonable development of the subject property;
5. Property is adjacent and contiguous (which shall include corner touches and property located across a public right-of-way) to property of the same zoning classification;
6. The map amendment will not be materially detrimental to uses or property in the immediate vicinity of the subject property;
7. The map amendment has merit and value for the community as a whole. (Ord. 1857 § 2 (Exh. B), 2018).
17.125.090 Development regulation text amendments.
A. The text of the city’s development regulations may be amended at any time provided the amendment is consistent with the comprehensive plan and does not interfere with its implementation. Text amendments that are consistent with the comprehensive plan shall be processed as a Type IV review pursuant to BMC Title 14A.
B. Text amendments which are not consistent with the comprehensive plan shall be processed as a Type IV review and may only be considered together with a corresponding amendment to the comprehensive plan. Text amendments which are not consistent with the comprehensive plan shall be subject to the annual processing limitation described in BMC 17.125.050. (Ord. 1857 § 2 (Exh. B), 2018).