Chapter 17.96
AMENDMENTS
Sections:
Article I. Zoning
17.96.020 Amendments to title text and zoning map.
17.96.040 Action of review authority.
Article II. Comprehensive Plan Public Participation Policy
17.96.050 Intent of provisions.
17.96.060 Notification methods.
17.96.070 Citizen review methods.
17.96.080 Citizen participation – Planning process.
Article III. Comprehensive Plan Amendment Docketing Process
17.96.100 Application procedure.
17.96.110 Annual department review.
17.96.120 Amendment proposals additional to annual review.
17.96.130 Emergency amendment.
17.96.140 Staff review – Cumulative effect of proposals.
17.96.150 Public participation – Appeals.
Article I. Zoning
17.96.010 Purpose and intent.
The text and/or map of this title may be amended to better implement the city of Colville comprehensive plan or protect the health, safety, and welfare of local residents. (Ord. 1278 NS § 5, 2002; Ord. 1160 NS § 1, 1997).
17.96.020 Amendments to title text and zoning map.
A. An amendment to the text of this title or to make a change in or addition to the zoning map by altering district boundaries may be initiated by the council, commission, or by application of a property owner or contract purchaser or his authorized agent.
B. An application by a property owner or his authorized agent for an amendment to this title shall be filed with the administrative official on forms provided by the city. The application shall be accompanied by a fee as established by resolution of the city council.
C. Attached to any proposed amendment or supplement shall be an explanation and justification for the proposed change. Additionally, a request for a zone boundary change or zone change shall be accompanied by an accurate map showing the affected property and all other properties 300 feet in all directions from the property lines. A complete list of all owners of record of all property on the map shall also be submitted. (Ord. 1160 NS § 1, 1997).
17.96.030 Review process.
A. A site-specific zone map or text amendment shall be subject to a Type IV review consistent with CMC 17.108.120.
B. An amendment to the comprehensive plan and/or area-wide development regulation shall be subject to a Type V review consistent with CMC 17.108.130. (Ord. 1324 NS § 10, 2004; Ord. 1160 NS § 1, 1997).
17.96.040 Action of review authority.
A. Whenever there is a proposed rezoning being reviewed where public hearing is advertised and held, if after hearing testimony and considering the facts involved, the commission finds that a more restrictive zone classification than that requested and advertised or that a rezoning of less land than that advertised would be in the public interest and constitute good zoning practice, the commission may recommend the more restrictive zone or smaller land area without readvertising and rehearing. For the purpose of this provision, the single-family suburban district (R-1-S) shall be interpreted as being the most restrictive zone district.
B. The commission shall not recommend approval of or the city council approve an amendment to the comprehensive plan or any implementing ordinance or regulation unless it first makes the following findings and conclusions:
1. The proposed amendment is consistent with the intent and goals of the Colville comprehensive plan and meets the requirements and intent of the Colville Municipal Code, including the type and intensity of development, and the protection of critical resources areas.
2. The proposed amendment is consistent with applicable federal and state laws and regulations.
3. The city and other responsible agencies and special districts will be able to supply the development resulting from the amended comprehensive plan or implementing ordinance with adequate roads and streets for access and circulation, water supply, storm drainage, sanitary sewage disposal, emergency services, and environmental protection.
4. The amendment adequately mitigates impacts identified through the SEPA review process, if applicable.
5. The amendment is beneficial to the public health, safety, and welfare, and is in the public interest. (Ord. 1160 NS § 1, 1997).
Article II. Comprehensive Plan Public Participation Policy
17.96.050 Intent of provisions.
Citizen participation is an important element of the Growth Management Act (GMA). The comprehensive plan development and amendment process, as well as the development and amendment of implementation regulations, should be a “bottom up” effort, involving early and continuous public participation (RCW 36.70A.140 and WAC 365-195-600).
The city of Colville will encourage citizen involvement that goes beyond the minimum legal public notification requirements found in the GMA. The city’s basic framework for achieving an interactive dialogue between local decision makers, city staff, and the public will be formed through this article and will apply throughout the local planning process including the adoption and development of the comprehensive plan, amendments thereto, and the adoption of development regulations which implement the comprehensive plan of the city.
Cities and counties planning under the GMA must establish procedures “providing for early and continuous public participation in the development and amendment of comprehensive land use plans and development regulations implementing such plans” (RCW 36.70A.140). These procedures shall include opportunities for public review of proposals and alternatives, opportunity for written comment, public meetings after effective notice, provision for open discussion, communications programs, information services, and consideration of and response to public comments. While a public participation program is required under the GMA, cities may determine their own methods of soliciting public participation in accordance with RCW 36.70A.035 and 36.70A.140.
The following guidelines reflect the basis for public participation related to GMA and the city of Colville’s local planning process. (Ord. 1322 NS § 1, 2004).
17.96.060 Notification methods.
A. The city of Colville will publicize public workshops and hearings to ensure that the community is made aware of the opportunities to become involved in the planning process. At a minimum, the requirements of Chapter 36.70A RCW pertaining to public hearings and notification will be satisfied.
B. The city of Colville will inform citizens through various techniques including, but not limited to, the following:
1. Posting the property using appropriate signage for site-specific proposals.
2. Publishing notice in the Colville Statesman-Examiner. Such notice will be accompanied by a news release to provide more information to the public.
3. Sending notice to all citizens and community organizations that sign up on a mailing list. Citizens may request to be included on the mailing list to receive notice of planning commission or other planning-related public meetings in either an electronic mail or regular mail format. Names will be removed on the last business day of the calendar year if no response is received from an invitation to re-enroll sent by December 15th. An invitation to re-enroll will be included on notices prior to the end of the year.
4. Providing press releases to KCRK/KCVL radio and other media outlets.
5. Meeting notices and minutes from the Colville planning commission and technical review committee will be posted on-line along with notices of applications including actions reviewed under the State Environmental Policy Act (SEPA) process.
6. Compiling, on an ongoing basis, a list of parties interested in the GMA and local planning issues. Names should come from meetings and hearings, sign-in sheets, written correspondence, and known community groups, as well as specific requests to be included. Notice will be sent to all parties who reasonably appear to have an interest in the matter being considered, where such determination is not possible.
7. Issuing press releases, public service announcements, and media packets as appropriate to inform the public about GMA issues, local planning activities, availability of documents, or meeting and hearing dates. (Ord. 1322 NS § 2, 2004).
17.96.070 Citizen review methods.
The city of Colville will provide citizens the opportunity to review documents, analyze alternatives, and provide feedback to ensure the community has the opportunity to become involved in the planning process. These methods include the following:
A. Pertinent documents will be available for review in a timely manner at the department of building and planning, located in Colville City Hall at 170 S. Oak Street. Copies will be made available for the cost of reproduction.
B. At least two public hearings will be conducted prior to making an official decision on a comprehensive plan, a development regulation implementing the plan, or an amendment to either. The city council may hold additional public hearings if deemed necessary.
C. Public meetings and hearings shall be advertised at least 14 days before the scheduled date.
D. Notices for public meetings and hearings shall include the name and address of the person to whom written comments should be sent, along with a deadline for submittal.
E. All written comments and public testimony at meetings or hearings shall be considered by the decision-makers, and addressed as time permits. Relevant comments will be addressed in the findings-of-fact portion of the decision-maker’s written decision or recommendation.
F. Two-way communication between the public and planning staff will be encouraged.
G. As appropriate, given the specific proposal, public workshops should be hosted prior to public hearings as a means to involve and educate the public and solicit their opinions, reactions, or suggestions. The number of workshops should be based upon the specific circumstances of the case.
H. The public shall also have the opportunity to attend regular or special meetings to observe and aid in discussion topics. (Ord. 1322 NS § 3, 2004).
17.96.080 Citizen participation – Planning process.
The city of Colville will seek opportunities to work directly with citizens throughout the planning process to ensure their concerns are understood and considered, and provide opportunities for open discussion.
A. The planning commission will host periodic public meetings in each of Colville’s three council wards. At least one council representative from the ward will be encouraged to attend. An opportunity for public comment and discussion will be provided at each meeting.
B. The department of building and planning will host topical workshops on matters of local concern at least once annually. Topics may include affordable housing, transportation alternatives, community development projects, and other subjects of broad public interest.
C. The city will invite citizens to serve on local boards, committees, and commissions through local newspaper or web page announcements. (Ord. 1322 NS § 4, 2004).
17.96.090 Citizen participation – Adoption and amendment of comprehensive plan and development regulations.
The city of Colville will provide an opportunity for citizens to participate in the adoption and amendment of the city’s comprehensive plan and the development regulations which implement the plan as set forth in this article and the following procedures:
A. One informational meeting shall be held by the planning commission, at least 30 days prior to the first public hearing, at a neighborhood or community center in the affected council ward(s) or at Colville City Hall, the location at the discretion of the director of building and planning. The meeting shall be announced using methods described in CMC 17.96.060.
B. A description of the proposal will be presented to the public. Discussion between the public, staff members and the planning commission will be encouraged.
C. No decisions or recommendations on the outcome of the proposal will be made during the informational meeting.
D. The planning commission or staff members shall provide the public a copy of the hearings process, and proposed hearing dates if known. (Ord. 1322 NS § 5, 2004).
Article III. Comprehensive Plan Amendment Docketing Process
17.96.100 Application procedure.
The city shall give public notice to announce that applications to amend the comprehensive plan or development regulations can be made to the city until a specified date, to be considered during the current annual review cycle. Notice will also be given that amendments may be submitted at any time and will be docketed for consideration during the next annual cycle.
The applicant will be given procedures describing the comprehensive plan amendment docketing process, applicable fees, and annual submission deadline date. A suggested non-site-specific amendment requires no fee. Anyone may suggest an amendment, which shall be submitted in writing to the director of building and planning. These will be added to the list of proposed amendments to be considered during the annual review process. (Ord. 1323 NS § 1, 2004).
17.96.110 Annual department review.
The department of building and planning will review and evaluate comprehensive plan amendment proposals annually. Submittal deadline shall be September 30th, or the next business day following this date. (Ord. 1323 NS § 2, 2004).
17.96.120 Amendment proposals additional to annual review.
The city of Colville may consider comprehensive plan amendment proposals more frequently than once per year under the following circumstances: the initial adoption of a subarea plan; the adoption or amendment of a shoreline master program under the procedures set forth in Chapter 90.58 RCW; and the amendment of the capital facilities element of a comprehensive plan that occurs concurrently with the adoption or amendment of a county or city budget. (Ord. 1323 NS § 3, 2004).
17.96.130 Emergency amendment.
The city of Colville reserves the right to adopt amendments or revisions to its comprehensive plan whenever an emergency exists or to resolve an appeal of a comprehensive plan filed with a growth management hearings board or with the court, after appropriate public participation. (Ord. 1323 NS § 4, 2004).
17.96.140 Staff review – Cumulative effect of proposals.
All docketed comprehensive plan amendments will be reviewed by staff at one time to determine the cumulative effect of the proposals. (Ord. 1323 NS § 5, 2004).
17.96.150 Public participation – Appeals.
All amendments shall be processed in accordance with the public participation guidelines adopted by the city under Article II of this chapter. Appeals of comprehensive plan amendments shall be made within 60 days of publication to the Eastern Washington Growth Management Hearings Board, as provided by law. (Ord. 1323 NS § 6, 2004).