Chapter 15.32
LEGISLATIVE ACTIONS
Sections:
15.32.020 Initiation of amendments to the comprehensive plan and development regulations.
15.32.030 Limitation on frequency of comprehensive plan amendments.
15.32.035 Application procedure for comprehensive plan amendments.
15.32.038 Review standards for comprehensive plan amendments.
15.32.040 Threshold determination, scheduling of hearing, and notice.
15.32.050 Administrator shall forward environmental review information.
15.32.070 Findings and recommendation.
15.32.010 Rezones.
A “rezone” is a change to the city’s zoning map. Site-specific rezones are quasi-judicial, and may be initiated by planning commission, council, or anyone with ownership interest in the land. Site-specific rezones are Type IV permit actions in which the hearing examiner makes a recommendation to council, who makes the final decision (Chapter 15.24 EMC). Area-wide rezones are legislative, and may be initiated by planning commission or council. Most rezone requests also require amendment of the comprehensive plan map; such requests are addressed both as legislative actions and Type IV permit actions. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).
15.32.020 Initiation of amendments to the comprehensive plan and development regulations.
A. Development Regulation Amendments. The planning commission or council may initiate amendments to the city’s development regulations. Development regulation amendments shall be processed in accordance with EMC 15.32.040 through 15.32.070.
B. Comprehensive Plan Amendments. Anyone may initiate amendments to the comprehensive plan. Comprehensive plan amendments shall be processed in accordance with EMC 15.32.030 through 15.32.070. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).
15.32.030 Limitation on frequency of comprehensive plan amendments.
A. The Enumclaw comprehensive plan may be amended no more than once per year, except as follows:
1. The initial adoption of a subarea plan that does not modify the comprehensive plan policies and designations applicable to the subarea;
2. The adoption or amendment of a shoreline master program under the procedures set forth in Chapter 90.58 RCW;
3. 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;
4. The adoption of comprehensive plan amendments necessary to enact a planned action under RCW 43.21C.031(2);
5. Whenever an emergency exists or to resolve an appeal of a comprehensive plan filed with a growth management hearings board or with the court. An “emergency,” as used in this section, is defined as an amendment necessary to preserve public peace, health, or safety; or
6. Any amendment consistent with RCW 36.70A.130(2).
B. Requests for amendments to the comprehensive plan submitted by the fourth Monday in January of any given year shall be considered that year. Requests received after the deadline shall be considered in the following year’s comprehensive plan amendment process. (Ord. 2367 § 4, 2007; Ord. 2330 § 1, 2006; Ord. 2316 § 2 (Exh. A), 2006).
15.32.035 Application procedure for comprehensive plan amendments.
A. Anyone may request an amendment to the comprehensive plan by submitting a complete application and fee (if required) to the administrator by the deadline listed in EMC 15.32.030(B).
B. Following the deadline, the administrator shall provide a report to the planning commission providing a comprehensive summary of all newly proposed amendments plus those held over from previous years.
C. The planning commission shall conduct an initial, concurrent review of all requests in order to assess their combined impact, and then shall determine which of the requests will be considered during the course of that year.
D. If a request is selected for further consideration by the planning commission, the applicant shall complete and submit an additional application, a SEPA checklist, and all appropriate fees before the request can be further considered. The request will be nullified if the second application is not submitted within 60 days of the planning commission decision, except in the instance where the planning commission decides to hold a request over to the following year. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).
15.32.038 Review standards for comprehensive plan amendments.
A. The administrator and planning commission may recommend and the council may approve the proposed amendment to the comprehensive plan only if the following general criteria are met:
1. The amendment will not result in development that will adversely affect the public health, safety and general welfare; and
2. The amendment is based upon new information that was not available at the time of adoption of the comprehensive plan, or that circumstances have changed since the adoption of the plan that warrant an amendment to the plan; and
3. The amendment is consistent with other goals and policies of the comprehensive plan, and that the amendment will maintain concurrency between the land use, transportation, and capital facilities elements of the plan.
B. The administrator, planning commission and council shall use the following detailed criteria in evaluating the merit of a proposal:
1. The amendment should address an existing, significant need for a public necessity or convenience.
2. The amendment should be in the public’s best interest.
3. The amendment should be compatible with all adjacent comprehensive plan and zoning map designations.
4. The amendment should be compatible with all elements of the comprehensive plan and zoning code.
5. The amendment should be compatible with and should not adversely impact related ordinances, regulations and development standards.
6. The amendment should not adversely impact the health, safety and general welfare of the public; the city design; development interests; neighborhoods; environmentally sensitive areas; and historic areas.
C. If a comprehensive map/zoning map amendment is proposed, the criteria of EMC 15.32.010 must also be used in evaluating the proposal. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).
15.32.040 Threshold determination, scheduling of hearing, and notice.
Once a proposed amendment to the comprehensive plan or development regulations has been drafted, the administrator shall perform the actions in subsections A through D of this section.
A. Perform a threshold SEPA determination regarding the proposal.
B. Determine on what date the notice of hearing will be published.
C. Schedule a hearing before the planning commission for a date between 15 and 30 days after the publication of notice of hearing, except that if a determination of significance (DS) has been issued, the hearing may be scheduled and publicized later to allow time to prepare the draft environmental impact statement (DEIS).
D. Publish a notice of hearing in a newspaper of general circulation in the city.
1. If a DS has been issued, the notice of hearing shall incorporate the DS and scoping notice.
2. If a DS has been issued, and other agencies share jurisdiction over the proposal, they shall also be sent the notice of hearing/DS/scoping.
3. If WAC 197-11-340(2) applies (that is, the city cannot take final action until 15 days after issuing a determination of nonsignificance, or DNS), the administrator shall also send the notice of hearing/DNS and environmental checklist to the agencies listed in WAC 197-11-340(2). (Ord. 2367 § 4, 2007; Ord. 2330 § 2, 2006; Ord. 2316 § 2 (Exh. A), 2006).
15.32.050 Administrator shall forward environmental review information.
The administrator shall inform the planning commission and council of the results of the proposal’s environmental review. If a determination of significance was issued, the administrator shall distribute copies of the draft and final EIS to the planning commission and council. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).
15.32.060 Hearing.
The planning commission and council shall hold a joint hearing on the proposed amendment at a joint meeting of the two bodies, except that the council may choose to hold a separate hearing after that of the planning commission. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).
15.32.070 Findings and recommendation.
After reviewing the amendment request, the environmental review information and the administrator’s recommendation, the planning commission shall prepare written findings and make a recommendation consistent with those findings.
The council, if it elects to amend the comprehensive plan or development regulations, shall revise the findings if necessary and adopt said amendments by ordinance. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).
15.32.080 Council action.
The council, if it elects to amend the comprehensive plan or development regulations, shall revise the findings if necessary and adopt said amendments by ordinance. (Ord. 2367 § 4, 2007; Ord. 2316 § 2 (Exh. A), 2006).