Chapter 19.80 PROCESS VI – COUNCIL REZONES

Various places in this title indicate that certain proposals to amend the zoning map through a legislative rezone, amend development regulations, or amend the comprehensive plan must be reviewed and decided upon using process VI. This chapter describes process VI.

(Ord. No. 09-594, § 131, 1-6-09; Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-516.)

19.80.020 Initiation of proposals.

A proposal that will be reviewed using this chapter may be initiated by the city council, a council committee, the planning commission, city staff, or any interested person, including applicants, citizens, hearing examiners, and staff of other agencies.

(Ord. No. 09-594, § 132, 1-6-09; Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-517.)

Cross references: City council, Chapter 2.10 FWRC; planning commission, Chapter 2.90 FWRC.

19.80.030 Docket.

The department shall maintain a docket of all proposals to amend the comprehensive plan or development regulations submitted by any interested persons.

(Ord. No. 09-594, § 133, 1-6-09; Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-518.)

19.80.040 Compliance with State Environmental Policy Act.

The State Environmental Policy Act applies to some of the decisions that will be made using this chapter. The director shall evaluate each proposal and, where applicable, comply with the State Environmental Policy Act and with state regulations and city ordinances issued under authority of the State Environmental Policy Act.

(Ord. No. 09-594, § 134, 1-6-09; Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-519.)

19.80.050 City council review.

(1) Docketed proposals, planning commission recommendation. Prior to city council review, the planning commission shall review the docket at a public meeting and shall forward a recommendation to the city council on the prioritized docket.

(2) Docketed proposals, city council. The city council shall review docketed proposals concurrently, on an annual basis and consistent with RCW 36.70A.130(2). As part of such annual review, the council shall review and prioritize docketed proposals received prior to September 30th of the previous calendar year according to FWRC 19.80.080 and shall fully consider the recommendation on the docketed items rendered by the planning commission. Docketed proposals submitted after September 30th shall be considered during the following annual review.

(3) Other amendments. The city-initiated amendments of the comprehensive plan shall be reviewed concurrently with docketed proposals. The city council may also review or amend the comprehensive plan:

(a) If an emergency exists, which is defined as an issue of community-wide significance that promotes the public health, safety, and general welfare;

(b) To resolve an appeal of a comprehensive plan filed with a growth management hearings board or with the court;

(d) The initial adoption of a subarea plan that does not modify the comprehensive plan policies and designations applicable to the subarea;

(e) The amendment of the capital facilities element of the comprehensive plan that occurs concurrently with the adoption or amendment of the city budget. The city council will hold the public hearing on this matter rather than the planning commission; and

(f) In other circumstances as provided for by RCW 36.70A.130(2)(a).

The city council may review city-initiated changes to development regulations or to the city’s zoning map concurrently with the docketed proposals or at the council’s discretion.

(4) Additional information. The city council may request, through the mayor, that the department or any other department of the city provide any information or material on a proposal(s), consistent with FWRC 19.80.160.

(Ord. No. 22-932, § 17, 5-3-22; Ord. No. 18-852, § 3, 6-5-18; Ord. No. 10-669, § 69, 9-21-10; Ord. No. 09-594, § 135, 1-6-09; Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-520.)

Cross reference: City council, Chapter 2.10 FWRC.

19.80.060 Timing of filing – Notice.

Sixty days prior to September 30th in each calendar year, the city shall notify all persons who submitted docket forms after September 30th of the previous calendar year. Notice shall also be given as follows:

(1) Public notice notifying the public that the amendment process has begun shall be published in the city’s official newspaper.

(2) Notice shall be posted on the official city public notice boards.

(3) A copy of the notice shall be mailed to other local newspapers.

(4) All agencies, organizations, and adjacent jurisdictions with an interest, and all persons, who in the judgment of the director may be directly affected by changes to the comprehensive plan or development regulations shall be sent a copy of the notice. In determining who may be affected by changes to the comprehensive plan or development regulations, the director may rely on written correspondence indicating an interest and received after September 30th of the previous year.

(Ord. No. 09-594, § 136, 1-6-09; Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-521.)

19.80.070 Application.

(1) Who may apply. Any person may, personally or through an agent, apply for a site-specific comprehensive plan designation change with respect to property he or she owns. In addition, any person may, personally or through an agent, request amendments to the comprehensive plan or development regulations.

(2) How to apply. An applicant must complete an application form prepared by the city. An applicant seeking a change in comprehensive plan designation and zoning for a specific parcel shall also file the information specified in FWRC 19.15.035 with the department.

(3) The director shall have the authority to waive any of the requirements of this section if, in the director’s discretion, such information is not relevant or would not be useful to consideration of the proposed amendment.

(4) Fee. The fees required under this chapter shall be as provided in the city’s fee schedule in effect at the time of application.

(Ord. No. 18-852, § 4, 6-5-18; Ord. No. 09-594, § 137, 1-6-09; Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-522.)

19.80.080 Prioritizing docketed proposals.

(1) Prior to adopting any docketed proposals, the planning commission shall hold a public meeting and will recommend to the city council those docketed proposals it wishes to further consider for adoption and for staff to research and evaluate further.

(2) The planning commission shall consider the following criteria in selecting the docketed proposals to be considered during the upcoming cycle:

(a) Whether the same area or issue was studied during the last amendment process and conditions have significantly changed so as to make the requested change within the public interest.

(b) Whether the proposed amendment is consistent with the overall vision of the comprehensive plan.

(d) In the case of text amendments or other amendments to goals and policies, whether the request benefits the city as a whole versus a selected group.

(3) If the request meets the criteria set forth in subsections (2)(a) through (d) of this section, it shall be further evaluated according to the following criteria:

(a) Whether the proposed amendment can be incorporated into planned or active projects.

(b) Whether the proposal can be reasonably reviewed as part of the annual amendment process and the city has staffing resources available to accomplish such review.

(c) Volume of requests received. A large volume of requests may necessitate that some requests be reviewed in a subsequent year.

(d) Order of requests received.

(4) Based on the planning commission’s review of the docketed proposals according to the criteria in subsections (2) and (3) of this section and the recommendation provided, the council shall determine which docketed proposals will be further considered, and shall forward those selected proposals to the planning commission for its further review and recommendation to council.

(5) The council’s decision to consider a docketed proposal shall not constitute a decision or recommendation that the proposal should be adopted nor does it preclude later council action to add or delete an amendment for consideration.

(Ord. No. 22-932, § 18, 5-3-22; Ord. No. 18-852, § 5, 6-5-18; Ord. No. 09-594, § 138, 1-6-09; Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-523.)

19.80.090 Preapplications required.

All applicants seeking an amendment to comprehensive land use designations of the official comprehensive plan (site-specific requests) must apply for a preapplication conference with the city’s development review committee (DRC).

(Ord. No. 18-852, § 6, 6-5-18; Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-524.)

19.80.100 Legislative rezones.

A legislative rezone is a rezone that meets the following criteria:

(1) It is initiated by the city; and

(2) It includes a large number of properties which would be similarly affected by the proposed rezone.

All other rezones not meeting the above criteria are treated as quasi-judicial rezones and are reviewed and decided upon using process V.

(Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-525.)

19.80.110 Criteria for approving a legislative rezone.

The city may decide to approve a legislative rezone only if it finds that:

(1) The proposal is consistent with the comprehensive plan;

(2) The proposal bears a substantial relation to public health, safety, or welfare; and

(3) The proposal is in the best interest of the residents of the city.

(Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-526.)

19.80.120 Map change.

If the city approves a legislative rezone, or a change in a comprehensive plan map designation, it will give effect to this decision by making the necessary amendment to the zoning map of the city.

(Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-527.)

19.80.130 Development regulation amendment criteria.

The city may amend development regulations only if it finds that:

(1) The proposed amendment is consistent with the applicable provisions of the comprehensive plan;

(2) The proposed amendment bears a substantial relation to public health, safety, or welfare; and

(3) The proposed amendment is in the best interest of the residents of the city.

(Ord. No. 09-594, § 139, 1-6-09; Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-528.)

19.80.140 Factors to be considered in a comprehensive plan amendment.

The city may consider, but is not limited to, the following factors when considering a proposed amendment to the comprehensive plan:

(1) The effect upon the physical environment.

(2) The effect on open space, streams, and lakes.

(3) The compatibility with and impact on adjacent land uses and surrounding neighborhoods.

(4) The adequacy of and impact on community facilities including utilities, roads, public transportation, parks, recreation, and schools.

(5) The benefit to the neighborhood, city, and region.

(6) The quantity and location of land planned for the proposed land use type and density and the demand for such land.

(7) The current and projected population density in the area.

(8) The effect upon other aspects of the comprehensive plan.

In order to encourage efficient and desired development and redevelopment of existing land designated and zoned for various types of commercial uses, when considering proposals for comprehensive plan amendments and rezones from one commercial designation to another, the city will consider development trends in commercially zoned areas, market demand for various types of commercial land, and amount of vacant commercial land.

For site-specific comprehensive plan amendments, the provisions of FWRC 19.75.130(3)(a) shall also apply.

(Ord. No. 23-949, § 8, 2-7-23; Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-529.)

19.80.150 Criteria for amending the comprehensive plan.

The city may amend the comprehensive plan only if it finds that:

(1) The proposed amendment bears a substantial relationship to public health, safety, or welfare; and

(2) The proposed amendment is in the best interest of the residents of the city; and

(3) The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the city’s adopted plan not affected by the amendment.

(Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-530.)

19.80.160 Official file.

(1) Contents. The director shall compile an official file containing all information and materials relevant to the proposal and to the city’s consideration of the proposal.

(2) Availability. The official file is a public record. It is available for inspection and copying in the department of community development during regular business hours.

(Ord. No. 09-594, § 140, 1-6-09; Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-531.)

19.80.170 Notice.

Notice provisions under this section shall be followed for the planning commission meeting during which the docketed proposals are reviewed as well as the public hearings held by the planning commission and/or city council.

(1) Contents. The director shall prepare a notice of each proposal containing the following information:

(a) The citation, if any, of the provision that would be changed by the proposal along with a brief description of that provision.

(b) A statement of how the proposal would change the affected provision.

(c) A statement of what areas, comprehensive plan designations, zones, or locations will be directly affected or changed by the proposal.

(d) The date, time, and place of the meeting or public hearing.

(e) A statement of the availability of the official file.

(f) A statement of the right of any person to submit written comments to the planning commission and to appear at the public hearing of the planning commission and/or city council to give comments orally.

(2) Distribution. The director shall distribute this notice at least 14 calendar days before the planning commission’s docket prioritization meeting and at least 14 calendar days before all public hearings following the procedures of FWRC 19.80.060. In addition, the procedures of FWRC 19.75.060 shall be followed for site-specific requests regarding notification of adjacent property owners posting of the site.

(Ord. No. 22-932, § 19, 5-3-22; Ord. No. 18-852, § 7, 6-5-18; Ord. No. 09-594, § 141, 1-6-09; Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-532.)

19.80.180 Staff report.

(1) General. The director shall prepare a staff report for the planning commission containing:

(a) An analysis of the proposal and a recommendation on the proposal; and

(b) Any other information the director determines is necessary for consideration of the proposal, consistent with FWRC 19.80.110, 19.80.130, 19.80.140, and 19.80.150. For site-specific comprehensive plan amendments, the provisions of FWRC 19.75.130(3) shall also apply.

(2) Distribution. The director shall distribute the staff report as follows:

(a) A copy will be sent to each member of the planning commission prior to the hearing.

(b) A copy will be sent promptly to any person requesting it.

(Ord. No. 18-852, § 8, 6-5-18; Ord. No. 09-594, § 142, 1-6-09; Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-533.)

19.80.190 Public hearing.

(1) Generally. The planning commission shall hold public hearings on each proposal, consistent with FWRC 19.80.200, unless the city council elects to hold its own hearings on the proposal, in which case planning commission review pursuant to this chapter shall not be required.

(2) Open to public. The hearings of the planning commission are open to the public.

(3) Pursuant to FWRC 19.85.150, when a development agreement and plan have been prepared, the city council shall hold a public hearing.

(4) Effect. Except as provided in subsection (1) of this section, the hearing of the planning commission is the hearing for city council. City council need not hold another hearing on the proposal.

(Ord. No. 09-594, § 143, 1-6-09; Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-534.)

19.80.200 Material to be considered.

(1) Generally. Except as specified in subsections (2), (3), and (4) of this section, the planning commission and city council may consider any pertinent information or materials in reviewing and deciding upon a proposal under this chapter.

(2) Exclusion. Except as specified in subsections (3) and (4) of this section, the city may not consider a specific site plan or project in reviewing and deciding upon a proposal under this process.

(3) In the case of development agreements, the director may require the applicant to submit any additional information or material that is reasonably necessary for a decision on the matter, including a site development plan associated with a site-specific request.

(4) Exception for environment information. If a proposal that will be decided upon using this chapter is part of a specific project, the city may consider all information pertaining to SEPA environmental review and submitted under FWRC 19.80.040 in deciding upon that proposal.

(Ord. No. 09-594, § 144, 1-6-09; Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-535.)

19.80.210 Electronic sound recordings.

The planning commission shall make a complete electronic sound recording of each public hearing.

(Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-536.)

19.80.220 Public comment and participation at the hearing.

Any interested person may participate in the public hearing in either or both of the following ways:

(1) By submitting written comments to the planning commission either by delivering these comments to the department prior to the hearing or by giving them directly to the planning commission at the hearing.

(2) By appearing in person, or through a representative, at the hearing and making oral comments. The planning commission may reasonably limit the extent of oral comments to facilitate the orderly and timely conduct of the hearing.

(Ord. No. 09-594, § 145, 1-6-09; Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-537.)

19.80.230 Continuation of the hearing.

The planning commission may, for any reason, continue the hearing on the proposal. If, during the hearing, the planning commission announces the time and place of the next public hearing on the proposal and a notice thereof is posted on the door of the hearing room, no further notice of that hearing need be given.

(Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-538.)

19.80.240 Planning commission – Recommendation.

(1) Generally. Following the public hearing, the planning commission shall consider the proposal in light of the decisional criteria in FWRC 19.75.130(3), 19.80.110, 19.80.130, 19.80.140 and 19.80.150, and take one of the following actions:

(a) If the planning commission determines that the proposal should be adopted, it may, by a majority vote of the entire membership, recommend that city council adopt the proposal.

(b) If the planning commission determines that the proposal should not be adopted, it may, by a majority vote of the members present, recommend that city council not adopt the proposal.

(c) If the planning commission is unable to take either of the actions specified in subsection (1)(a) or (b) of this section, the proposal will be sent to city council with the notation that the planning commission makes no recommendation.

(2) Modification of proposal. The planning commission may modify the proposal in any way and to any degree prior to recommending the proposal to city council for adoption. If the planning commission fundamentally modifies the proposal, the planning commission shall hold a new public hearing on the modified proposal prior to recommending the proposal to city council for action. A proposal is not fundamentally modified if:

(a) An environmental impact statement has been prepared under Chapter 43.21C RCW for the proposal and the proposed change is within the range of alternatives considered in the environmental impact statement;

(b) The proposed change is within the scope of the alternatives available for public comment; or

(c) The proposed change only corrects typographical errors, corrects cross-references, makes address or name changes, or clarifies language of a proposal without changing its effect.

(Ord. No. 09-594, § 146, 1-6-09; Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-539.)

19.80.250 Planning commission – Report to city council.

(1) Generally. The director shall prepare a planning commission report on the proposal containing a copy of the proposal, along with any explanatory information, and the planning commission recommendation, if any, on the proposal.

(2) Transmittal to city council. The director shall transmit the planning commission report to the mayor for consideration by city council.

(3) Distribution. The director shall promptly send a copy of the planning commission report to any person requesting it.

(Ord. No. 11-684, § 13, 1-18-11; Ord. No. 09-594, § 147, 1-6-09; Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-540.)

19.80.260 City council action.

(1) General. Within 90 days of receipt of the planning commission report by the mayor, the city council shall consider the proposal along with a draft ordinance prepared by the city attorney.

(2) Decisional criteria. In deciding upon the proposal, the city council shall use the decisional criteria listed in the provisions of this title describing the proposal.

(3) City council action. After consideration of the planning commission report and, at its discretion, holding its own public hearing on the proposal, the city council shall by majority vote of its total membership:

(a) Approve the proposal by adopting an appropriate ordinance;

(b) Modify and approve the proposal by adopting an appropriate ordinance. If the council chooses to modify an amendment to the comprehensive plan or a development regulation, and the change is proposed after the opportunity for review and comment has passed, an opportunity for review and comment on the proposed change shall be provided before council on the proposed change unless:

(i) An environmental impact statement has been prepared for the pending resolution or ordinance and the proposed change is within the range of alternatives considered in the environmental impact statement;

(ii) The proposed change is within the scope of the alternatives available for public comment;

(iii) The proposed change only corrects typographical errors, corrects cross-references, makes address or name changes, or clarifies language of a proposed ordinance or resolution without changing its effect;

(iv) The proposed change is to a resolution or ordinance making a capital budget decision that is consistent with the comprehensive plan; or

(v) The proposed change is to a resolution or ordinance enacting a moratorium or interim control and the council schedules a public hearing on the adopted moratorium or interim control within at least 60 days of its adoption, and the council adopts findings of fact before or immediately after this public hearing;

(d) Refer the proposal back to the planning commission for further proceedings. If this occurs, the city council shall specify the reasons the city council is referring the proposal back to the planning commission.

(e) If the city council determines that a development agreement should be prepared for a site-specific request, the city council shall recommend further analysis based on Chapter 19.85 FWRC, Development Agreements.

(Ord. No. 18-852, § 9, 6-5-18; Ord. No. 11-684, § 14, 1-18-11; Ord. No. 09-594, § 148, 1-6-09; Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-541.)

19.80.270 Transmittal to state.

At least 60 days prior to final action being taken by the city council, the State Department of Commerce shall be provided with a copy of the amendments in order to initiate the 60-day comment period per RCW 36.70A.106.

No later than 10 days after adoption of the comprehensive plan, a copy of the adopted comprehensive plan shall be forwarded to the State Department of Commerce and others who submitted written comments on the draft comprehensive plan.

(Ord. No. 18-852, § 10, 6-5-18; Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-542.)

19.80.280 Appeals.

The action of the city in granting, modifying or denying an amendment to a development regulation or to the comprehensive plan may be reviewed by the Central Puget Sound Growth Management Hearings Board pursuant to Chapter 36.70A RCW.

(Ord. No. 09-594, § 149, 1-6-09; Ord. No. 02-426, § 3, 10-15-02; Ord. No. 99-337, § 2, 3-2-99. Code 2001 § 22-543.)

Cross references: Power and jurisdiction of the planning commission, FWRC 2.90.060; requirements for drainage review, Chapter 16.25 FWRC; zoning regulation and comprehensive plan amendments and legislative rezonings to be under process VI review, Chapter 19.35 FWRC.