Chapter 25.170
COMPREHENSIVE PLAN AMENDMENT
Sections:
25.170.030 Notice of proposal, community workshop, public hearing.
25.170.040 Adoption required by the city council.
25.170.050 Adoption of comprehensive plan.
25.170.060 Adoption and amendment of zoning map.
25.170.070 When amendments may be adopted.
25.170.080 Proposals for amendment.
25.170.090 Decisional criteria for plan amendment proposals.
25.170.100 Periodic assessment of comprehensive plan amendment needs.
25.170.110 Amendments considered under emergency situation.
25.170.120 Provisions for amendment transmittal and reporting to state.
25.170.130 Appeals to the adoption or amendment of a comprehensive plan.
25.170.010 General.
The comprehensive plan is a document which guides the nature and intensity of development in the city. An amendment to the plan is a mechanism by which the city may modify its land use, development or growth policies in order to respond to changing circumstances or needs of the city. (Ord. 02-707 § 1)
25.170.020 Applicability.
This section shall apply to initial adoption of the comprehensive plan and subsequent adoption of amendments or additional elements to the comprehensive plan in accordance with Chapter 36.70A RCW and all future amendments or applicable federal, state or local laws. (Ord. 02-707 § 1)
25.170.030 Notice of proposal, community workshop, public hearing.
(1) Purpose.
(a) Following submittal and active city consideration of a complete comprehensive plan amendment proposal the city shall implement a deliberate public involvement process consisting of the steps listed in this section. In summary, they include: publish a notice of proposal, publish a notice of community workshop, conduct a community workshop, issue a notice of public hearing and conduct a public hearing.
(b) The community workshop and public hearing shall be the forum for broad dissemination of proposals and alternatives, opportunity for written comments after effective notice provisions for meaningful open discussion, consideration of, and response to public comments. Errors in exact compliance with the established procedures shall not render the comprehensive plan or development regulations invalid if the spirit of the procedure is observed.
(2) Notice of Proposal.
(a) Notice. The city shall issue a notice of proposal. Said notice shall contain the following information:
(i) Name of applicant.
(ii) Summary of amendment.
(iii) Area affected by the amendment.
(iv) Statement that a copy of the proposal is available for examination at DuPont City Hall.
(v) City contact person.
(vi) Date of notice.
(b) Issuance of Notice. City staff shall issue the notice of proposal following submittal of a complete comprehensive plan amendment application and at least 14 days prior to a community workshop as specified below:
(i) Publish notice in the newspaper of record.
(ii) Issue a city flyer to all residents within the city.
(iii) Send notice to applicant, city businesses and mailing lists, including general lists or lists for specific proposals or subject areas.
(iv) In addition, the city may, at its discretion, post the property for site-specific proposals; notify public or private groups with known interest in a certain proposal or in the type of proposal being considered.
(3) Community Workshop.
(a) Notice. City staff shall hold at least one community workshop. Notice of the community workshop shall contain the following information:
(i) Name of applicant.
(ii) Summary of amendment.
(iii) Area affected by the amendment.
(iv) Date, time and location of the community workshop.
(v) Statement that a copy of the proposal is available for examination at DuPont City Hall.
(vi) City contact person.
(vii) Date of notice.
(b) Issuance of Notice. City staff shall issue the notice of community workshop at least seven days prior to the date of the workshop as specified below:
(i) Publish notice in the newspaper of record.
(ii) Issue a city flyer to all residents within the city.
(iii) Send notice to applicant, city businesses and mailing lists, including general lists or lists for specific proposals or subject areas.
(iv) In addition, the city may, at its discretion, post the property for site-specific proposals; notify public or private groups with known interest in a certain proposal or in the type of proposal being considered.
(4) Public Hearing.
(a) Notice. The planning agency shall hold at least one public hearing. Notice of the hearing shall contain the following information:
(i) Name of applicant.
(ii) Summary of amendment.
(iii) Area affected by the amendment.
(iv) Date, time and location of the community workshop.
(v) Statement that a copy of the proposal is available for examination at DuPont City Hall.
(vi) City contact person.
(vii) Date of notice.
(b) Issuance of Notice. City staff shall issue the notice of hearing at least 10 days prior to the date of the hearing as specified below:
(i) Publish notice in the newspaper of record.
(ii) Post notice on the official city public notice boards.
(iii) Send notice to city businesses and mailing lists, including general lists or lists for specific proposals or subject areas.
(iv) Send notice to any party of record and applicant.
(v) In addition, the city may, at its discretion, post the property for site-specific proposals, notify public or private groups with known interest in a certain proposal or in the type of proposal being considered. (Ord. 02-707 § 1)
25.170.040 Adoption required by the city council.
The comprehensive plan or an amendment to the comprehensive plan requires adoption by the city council by ordinance. The city council shall not adopt a comprehensive plan or amendment without first considering a recommendation on the proposed amendment by the planning agency. In addition, amendments to the zoning map will generally require a change in zoning of specific properties; said changes shall be considered concurrently with a plan amendment required by the planning agency and city council and shall not require the payment of additional fees. (Ord. 02-707 § 1)
25.170.050 Adoption of comprehensive plan.
There is adopted by reference a comprehensive plan, on file with the planning department, as subsequently amplified, augmented and amended pursuant to the provisions of this title, consisting of:
(1) City of DuPont Comprehensive Plan (July, 1995);
(2) City of DuPont Water System Comprehensive Plan (April, 1997);
(3) City of DuPont Interim Capital Facilities Plan (August, 1997);
(4) City of DuPont Interim Zoning Map (August, 1997);
(5) City of DuPont Shoreline Management Master Program (amended January, 1980). (Ord. 02-707 § 1)
25.170.060 Adoption and amendment of zoning map.
(1) This title includes a map known, cited, and referenced as the city of DuPont Zoning Map (zoning map) which depicts the location and boundaries of various land use classifications, references and other information shown thereon, which map is incorporated by reference as part of this title.
(2) A true and correct copy of the zoning map shall be kept in the planning department, and shall be revised to reflect all comprehensive plan land use map amendments within 30 days of enactment of said amendments. Said zoning map shall contain the date of initial adoption and the date of each subsequent revision. (Ord. 02-707 § 1)
25.170.070 When amendments may be adopted.
All amendments to the comprehensive plan shall be considered concurrently and no more frequently than once each calendar year except: (1) in the event of an emergency, as defined in this chapter; (2) adoption of a subarea plan (neighborhood plan); or (3) adoption or amendment of a shoreline master program. The city council shall consider proposed amendments concurrently with the city’s budget. A privately initiated amendment to the plan may be filed only every other year beginning with the year 1999. (Ord. 18-1038 § 1 (Exh. A); Ord. 02-707 § 1)
25.170.080 Proposals for amendment.
(1) A proposed amendment to the comprehensive plan may be submitted by any individual, organization, corporation or partnership, general or special purpose government, or entity of any kind; provided, that if the proposal involves specific real property, the property owner has provided written consent to the proposal. An applicant shall complete the necessary application form as provided by the planning department and pay the required filing fees. An environmental checklist and related fee shall also be required unless the proposal is categorically exempt from environmental review. City staff or the city council may initiate a planning program or specific amendment which may result in an additional element or other amendment to the plan.
(2) Except for city-initiated planning programs or individual city-sponsored amendments, all proposed amendments to the comprehensive plan shall be submitted to the planning department no later than April 31st to be docketed for consideration during that year. Proposals filed after April 31st shall be considered during the following year’s amendment process unless an emergency exists as defined in this section. All proposed amendments to the comprehensive plan shall be submitted to the planning department in writing on a form provided by the city, together with required filing fees. An environmental checklist and related filing fee shall also be submitted unless the proposal is categorically exempt from environmental review. A proposed amendment request shall include the following information:
(a) Name, address and phone number of the applicant and contact person;
(b) If the amendment concerns specific real property, both a general and legal description of the property;
(c) A description of the plan amendment being requested;
(d) Statements addressing the purpose of the amendment and why the amendment is being requested, including addressing any relevant decisional criteria of this section and the DMC; and
(e) A list of the names of owners of all property of record within 300 feet of the subject property together with two sets of stamped envelopes addressed to the same.
(3) The city shall broadly disseminate information regarding the annual amendment process. (Ord. 02-707 § 1)
25.170.090 Decisional criteria for plan amendment proposals.
In consideration that the comprehensive plan was developed and adopted after significant study and public participation, the principles, goals, objectives and policies contained therein shall be granted substantial weight when considering any proposed amendment. Therefore, the burden of proof for justifying a proposed amendment rests with the applicant, who must demonstrate that the request complies with all of the following decisional criteria:
(1) The proposed plan amendment will further and be consistent with the goals, objectives and policies of the comprehensive plan, except for the policy being amended; County-Wide Planning Policies for Pierce County; and Vision 2020; and
(2) The proposed plan amendment is consistent with the city’s plans, policies and regulations for providing community facilities, including but not limited to utilities, transportation, parks, or schools, concurrent with development; and
(3) If the request is to change the land use designation of a specific property on the interim zoning map, the applicant must also demonstrate either of the following:
(a) The existing land use designation was clearly made in error due to an oversight; or
(b) There has been a change in circumstances and the proposal would better achieve the comprehensive plan goals and policies than the existing comprehensive plan section. (Ord. 02-707 § 1)
25.170.100 Periodic assessment of comprehensive plan amendment needs.
(1) The city shall monitor the comprehensive plan and regulatory procedures that implement the plan, and may initiate amendments as needed for adoption. This assessment shall be based on, but not limited to:
(a) Whether growth and development are occurring at a faster or slower rate than envisioned in the plan; or
(b) Whether the capacity to provide adequate services is diminished or increased; or
(c) The availability of land to meet demand; or
(d) Assumptions upon which the plan is based are found to be invalid; or
(e) The effect of the plan on land values and housing is contrary to the plan goals; or
(f) A determination that sufficient change or lack of change in circumstances dictate the need for a recommended amendment; or
(g) A determination that a question of consistency exists between the comprehensive plan and Chapter 36.70A RCW, the County-Wide Planning Policies for Pierce County, and Vision 2020: Growth Management and Transportation Strategy for the Central Puget Sound Region.
(2) An assessment of the comprehensive plan shall occur at least every five years from the date of initial adoption of the plan. (Ord. 02-707 § 1)
25.170.110 Amendments considered under emergency situation.
The city council may consider amendments to the comprehensive plan at any time during a calendar year as a result of an emergency situation, as defined by “emergency amendment” in DMC 25.10.050, or to resolve an appeal of the comprehensive plan filed with the Central Puget Sound Growth Management Hearings Board or superior court. (Ord. 17-1017 § 2 (Exh. B); Ord. 02-707 § 1)
25.170.120 Provisions for amendment transmittal and reporting to state.
The planning department shall notify and transmit copies of all proposed plan amendments and development regulations to the Washington State Department of Trade and Economic Development and designated state agencies at least 60 days prior to adoption as consistent with Chapter 36.70A RCW except for emergency amendments. Notice of emergency plan amendments will be transmitted to the Washington State Department of Trade and Economic Development and designated state agencies as early as possible prior to adoption. (Ord. 02-707 § 1)
25.170.130 Appeals to the adoption or amendment of a comprehensive plan.
All appeals to the adoption of the comprehensive plan or an amendment thereto shall be filed with and processed by the Central Puget Sound Growth Management Hearings Board in accordance with the provisions of Chapter 36.70A RCW. (Ord. 02-707 § 1)