Chapter 19.90
COMPREHENSIVE PLAN AND MAP AMENDMENTS
Sections:
19.90.030 Comprehensive plan docket.
19.90.040 Initiation of docket amendments.
19.90.050 Amendment procedure – Sequence for annual docketing.
19.90.010 Purpose.
The purpose and intent of this chapter is to provide procedures and criteria for amending the comprehensive plan and to encourage early and continuous opportunities for public participation in the annual amendment process. (Ord. 1919 § 4, 2015).
19.90.030 Comprehensive plan docket.
A comprehensive plan amendment (CPA) is a proposed change, addition or deletion to the city’s comprehensive plan text or map. The docket consists of the package of proposed CPAs that will be considered on their merits by the community, planning commission and city council. The CPAs to be included in the docket are determined by city council following legislative action as described in FMC 19.90.040 and 19.90.050. (Ord. 1919 § 4, 2015).
19.90.040 Initiation of docket amendments.
Amendments of the comprehensive plan and comprehensive plan maps may be initiated by the city, or a private individual, organization, business, agency or other group and shall be submitted to the department on forms provided by the city. Proposals may be submitted at any time; however, to be considered in the annual calendar year, they must be submitted by January 31st or other deadline set by the city council, as otherwise specifically authorized by the city council. All proposals shall be considered collectively once each year except in the case of an emergency as determined by the city council.
No fee shall be charged at this proposal stage. The department shall maintain a log or docket of all such proposals including a summary of the proposal, the principal proponent’s name and address, the date on which the proposal was submitted, and its review status. (Ord. 1919 § 4, 2015).
19.90.050 Amendment procedure – Sequence for annual docketing.
A. Notice. Before the end of each November of each calendar year, the city shall announce and publish public notice that January 31st of the following year is the deadline for submitting CPA applications for docketing in that calendar year. The department shall also notify each proponent by mail of all public hearings and of the council’s final decision.
B. Preliminary Department Docket Review. City staff shall receive and review each application submitted by the deadline to determine completeness and consistency with the preliminary review criteria for including proposed CPAs on the docket. The department shall compile a list, known as the docket, giving the status of all proposed amendments, including rezones, and forward the list to the planning commission.
The preliminary review criteria for including proposed CPAs on the docket:
1. Amending the comprehensive plan is the most appropriate mechanism available, as the desired outcome cannot be addressed as a regulatory, budgetary or programmatic measure;
2. The proposed CPA is best addressed as an individually docketed item, instead of evaluating as part of a periodic update to Fife’s comprehensive plan, or other planning processes such as those led by neighboring jurisdictions, regional, or state agencies;
3. The proposed amendment is consistent with the county-wide planning policies and the Growth Management Act;
4. The proposed CPA is consistent with existing local, state, and federal laws;
5. The proposed CPA is timely with respect to other city and community initiatives, and planned public and private development activity;
6. City council, planning commission and staff will have sufficient information necessary to analyze the proposal, develop a recommendation, and make an informed decision within the docket year;
7. Would the proposed amendment cause little or no adverse environmental impacts, and is the time required to analyze impacts available within the time frame of the standard annual review process?
8. Can the proposed amendment be acted on without significant other amendments or revisions not anticipated by the proponents and is the time required for processing those amendments or revisions available within the time frame of this annual review process?
9. The proposed CPA or similar amendment has not been considered or rejected within the last two years or has the applicant identified reasons to review the proposed amendment again?
10. If the department determines that the answer to any of the above questions is no, it may recommend to the planning commission that the proposed amendment or revision not be further processed in the current amendment review cycle.
C. Preliminary Planning Commission Docket Recommendation.
1. The planning commission conducts a study session to review all the complete CPAs submitted by the deadline.
2. The planning commission conducts public hearing to seek comments on the scope of proposed amendments.
3. The planning commission shall recommend which amendments are appropriate of further review and consideration on the annual docket and provide a recommendation to the city council based upon the preliminary review and evaluation criteria (FMC 19.90.050(B)(1) through (10)). The department shall forward the planning commission recommendations to the city council. This report does not address the merits of the CPAs, but rather whether the CPAs should be included on the docket for future consideration of the merits.
D. City Council Confirmation of Docket. The city council shall review the scope of proposed CPAs and planning commission recommendation.
1. City council takes legislative action confirming the scope of the annual CPA docket.
2. Once the final docket is confirmed, the list approved by the city council shall be known as the final docket. A comprehensive plan amendment final docket calendar shall be approved by the city council. Information about the amendment process and the schedule shall be published and distributed with final application forms.
3. The department shall notify proponents of the items on the docket that will be moved to the planning commission for review. Proponents shall be required to submit an application and shall pay such fee as may be established by the city. Proponents of the proposals not moved to the planning commission shall also be notified of the council’s decision. Department and city initiated proposals are exempt from application fees.
4. Upon direction from city council, department staff will inform those whose proposed amendments or revisions will not be considered because (a) impact analysis beyond the scope of the amendment process is needed; (b) the request does not meet preliminary criteria; or (c) likelihood of inclusion of the proposal in a department’s work program. Proponents may resubmit proposals to the department at any time, subject to the timelines contained in this chapter.
E. Final Docket Review.
1. Application. Proponents of amendments on the city council approved docket and rezones may submit requested information or analysis identified during the preliminary docket review. The applicant shall also pay an application deposit fee in an amount estimated by staff to cover the actual staff cost and any third party consultant review expenses that may be incurred by the city.
2. Final Docket Review Process. The department shall schedule planning commission review and city council action on the CPAs on the final docket pursuant to the council adopted calendar. The department shall forward comprehensive plan amendments and concurrent rezones (i.e., zoning map amendment) requests to the planning commission for review and recommendation and to the city council for consideration for review and action.
3. Final Docket Review Criteria. The following additional criteria will be used to evaluate each rezone and comprehensive plan amendment request:
a. Consistency with the Growth Management Act (GMA), the State of Washington Department of Commerce Procedural Criteria, and the Pierce County countywide planning policies (PCCPPs);
b. Consistency with the adopted comprehensive plan;
c. The capability of the land, including the prevalence of critical areas;
d. The capacity of public facilities and whether public facilities and services can be provided cost-effectively at the intensity allowed by the requested amendment;
e. If a concurrent rezone, the rezone will maintain the public health, safety, or welfare;
f. The rezone will result in a district that is compatible with adjoining zoning districts; this may include providing a transition zone between potentially incompatible designations;
g. For issues that have been considered within the last four annual updates or comprehensive land use plan amendments, whether there has been a change in circumstances that makes the proposed plan designation or policy change appropriate or whether the amendment is needed to remedy a mistake.
F. Planning Commission Final Docket Recommendations. Following one or more public hearings the planning commission shall forward its written recommendation regarding each amendment, including rezones, to the council.
G. City Council Decision. The council shall review the recommendations of the planning commission, may hold a public hearing, and shall decide whether to adopt, modify and adopt, reject or defer to a later date, each proposed amendment, including rezones. (Ord. 1919 § 4, 2015).