Chapter 19.20
AMENDMENT OF COMPREHENSIVE PLAN OR OF DEVELOPMENT REGULATIONS – PUBLIC PARTICIPATION
Sections:
19.20.050 Annual amendment process.
19.20.060 Initiation of annual amendment process.
19.20.070 Submittal requirements.
19.20.080 Threshold review criteria.
19.20.090 Amendment decision criteria.
19.20.020 Purpose.
A. This chapter establishes the process and criteria by which the comprehensive plan and development regulations are amended in accordance with Chapter 36.70A RCW.
B. This chapter also establishes the means of public participation in the comprehensive plan and development regulation amendment process as required in RCW 36.70A.130(2) and 36.70A.140.
C. This chapter sets forth additional submittal requirements for comprehensive plan and development regulation amendments in recognition of the additional information and fee requirements of the comprehensive plan and development regulation amendments. [Ord. 11-0329 § 3 (Exh. 1).]
19.20.030 Applicability.
A. This chapter establishes a mechanism for the City to amend the comprehensive plan and development regulations.
B. Proposed amendments may be submitted by the mayor, city council, planning commission, City staff, or any interested private parties, including citizens, applicants, or government agencies. [Ord. 11-0329 § 3 (Exh. 1).]
19.20.040 Authority.
A. The city manager shall have the authority to administer this chapter.
B. The planning commission shall have the authority to review and study proposed amendments to the comprehensive plan and development regulations that are included in a city council- approved annual docket work program for each year. The planning commission shall hold a public hearing, deliberate, and make recommendations to the city council on said proposals.
C. The city council shall have the authority to make a threshold review of each proposal to amend the comprehensive plan and development regulations and establish the planning commission’s annual docket work program for each year. The city council shall have the authority to make a final decision upon applications pursuant to this section after the planning commission has provided a recommendation to the city council. [Ord. 11-0329 § 3 (Exh. 1).]
19.20.050 Annual amendment process.
A. Comprehensive plan amendments are considered by the city council no more frequently than once a year as part of the amendment cycle established in this chapter, except that the city council may consider amendments more frequently or outside the annual docket amendment cycle detailed in this section under the following circumstances:
1. The city council finds an emergency amendment is required as defined in KMC 19.10.085;
2. The initial adoption of a subarea plan that does not modify the comprehensive plan policies and designations applicable to the subarea;
3. The adoption or amendment of a shoreline master program under the procedures set forth in Chapter 90.58 RCW;
4. The amendment of the capital facilities element of the comprehensive plan that occurs concurrently with the adoption or amendment of the City budget; and
5. The amendment is required as a result of an order of the growth management hearings board created in RCW 36.70A.250 or a court with jurisdiction.
B. Development regulations consistent with the comprehensive plan may be considered outside of the annual amendment process at the discretion of the city council, so long as the amendment is considered through a public participation process consistent with RCW 36.70A.130(2). Development regulation amendments associated with comprehensive plan amendments should be processed with comprehensive plan amendments whenever practicable.
C. Zoning reclassification requests as defined in KMC 19.10.110 are subject to the Type 4 permit process in Chapter 19.25 KMC. [Ord. 11-0329 § 3 (Exh. 1).]
19.20.060 Initiation of annual amendment process.
A. The comprehensive plan and development regulations may be amended pursuant to this chapter, no more frequently than once a year as part of the amendment cycle established in this chapter, except as provided in KMC 19.20.050.
B. Application Initiation and Deadline.
1. The public shall be made aware of the deadline to submit proposed amendments to the comprehensive plan and development regulations by means of two publications in a newspaper of general circulation in the City, with the first notice published at least 30 days prior to the deadline.
2. The deadline for submitting an application for amendment pursuant to this chapter is December 1st of each year, or the next business day if December 1st falls on a Saturday or Sunday.
C. Submittal Requirements. Only applications that have fulfilled the submittal requirements of KMC 19.20.070 by the deadline in subsection B of this section shall be considered for the next annual amendment process.
D. Prescreening/Threshold Decision.
1. The department shall review all complete applications submitted by the deadline set forth in subsection B of this section and issue a recommendation on each application submitted based upon threshold criteria set forth in KMC 19.20.080 by the last city council meeting in January of each year.
2. The city council shall make a threshold decision on each application submitted and reviewed by the last city council meeting in February of each year.
3. Threshold decisions and recommendations shall be for one of the following:
a. Accept application for review by the planning commission or other city council- appointed advisory body in the current amendment cycle;
b. Recommend delay of the amendment to the next amendment cycle; or
c. Denial of amendment based upon criteria set forth in KMC 19.20.080 or other findings of fact.
E. Planning Commission Review and Public Participation.
1. The planning commission or other advisory body approved by the city council shall review all amendments approved by the city council pursuant to subsection (D)(3)(a) of this section and shall make such amendments a priority of their work program for the year. The planning commission or other advisory body shall hold study sessions on proposed amendments, as deemed necessary in order to make an informed decision.
2. Public Participation Plan. Public participation shall consist of, at minimum, a public hearing before the planning commission. The city manager is further authorized to establish additional public participation for a particular matter at the beginning of the annual docket process, utilizing types of participation including but not limited to: public meetings, workshops, and/or open houses.
F. Public Hearing.
1. The planning commission or other advisory body approved by the city council shall hold the public hearing on the proposed amendments each year. Public notice shall be given as set forth in subsection (F)(2) of this section.
2. Public Notice of Public Hearing.
a. Notice of a public hearing on the annual cycle of amendments shall be published in a newspaper of general circulation in the City and shall be posted at City Hall and on the City website within 14 calendar days of the public hearing.
b. Additional Public Notice Requirements for Site-Specific Amendments. In addition to the public notice requirements of subsection (F)(2)(a) of this section, applicants for site-specific comprehensive plan land use map amendments shall also post the site and mail notice to residences and employers within 1,000 feet of the subject site.
3. Recommendation to City Council. Upon consideration of all the information presented to the planning commission, the planning commission shall deliberate after the public hearing and shall make a recommendation to the city council based upon the criteria found in KMC 19.20.090.
4. Second Public Hearing. If the planning commission recommends a modification which was not within the scope of the alternatives available at the public hearing for public comment, the planning commission shall conduct a new public hearing on the proposal as modified.
G. Final Decision.
1. City Council Decision. The city council, upon receipt of the planning commission’s recommendations for the annual amendment cycle, shall make the final decision on proposed amendments consistent with criteria contained in KMC 19.20.090.
2. Circumstances Requiring Public Hearing. The city council may, in its discretion, hold an additional public hearing on the planning commission’s recommendations for the annual amendment cycle. However, if the city council recommends a modification which was not within the scope of the alternatives available at the planning commission hearing for public comment, the city council shall hold a public hearing on the proposal as modified prior to final decision.
H. Pursuant to RCW 36.70A.106, the department shall notify the State of its intent to adopt amendments to the comprehensive plan or to development regulations at least 60 days prior to the city council’s final adoption of the proposal, except for regulations or amendments which are procedural, ministerial or required to address an emergency.
I. Within 10 days of final adoption, the city clerk shall transmit to the State any adopted plan, amendment to the comprehensive plan or development regulation. [Ord. 11-0329 § 3 (Exh. 1).]
19.20.070 Submittal requirements.
Applications for the annual cycle of comprehensive plan and development regulation amendments shall include the following submittal requirements:
A. Submittal requirements enumerated in KMC 19.25.040 that are not waived by the city manager.
B. An application form provided by the department and completed by the applicant that includes, at minimum, the applicant’s name, address, contact information, and proposed amendment.
1. For site-specific comprehensive plan land use map amendments, the application form shall also include the following information: property address or location, parcel number(s), existing and proposed future land use designation and zoning designation, and property owner’s signature.
C. A completed environmental checklist, if required by Chapter 19.35 KMC.
D. A narrative clearly stating the proposal and what the amendment is attempting to accomplish.
1. For site-specific comprehensive plan land use map amendments, the narrative shall be accompanied by a vicinity map drawn to scale clearly showing the subject site and its surroundings.
E. A narrative indicating how the proposed amendment meets the criteria outlined in KMC 19.20.080 and 19.20.090.
F. An application fee pursuant to the City’s current fee schedule or a written request for a fee waiver.
1. One fee waiver is allowed per applicant per year.
2. The fee waiver request shall only be granted in the following cases: requests involving a topic of a City-wide nature; or a neighborhood-wide request; or a request made by a nonprofit organization when involving more than one property. Fee waivers are not allowed for site-specific comprehensive plan land use map amendments.
3. City-Sponsored Proposals Exempt. City-sponsored proposals are exempt from application fees.
G. Unless one or more of the submittal requirements outlined in this section is waived by the city manager, then an application that does not contain all of the submittal requirements so enumerated by the deadline set forth in KMC 19.20.060(B) shall be considered incomplete and ineligible for consideration in the annual amendment cycle. [Ord. 11-0329 § 3 (Exh. 1).]
19.20.080 Threshold review criteria.
The City shall use the following criteria in selecting proposals for further consideration in the annual docketing process. Proposals shall meet subsections A and B of this section, and either subsection C or D of this section:
A. The City has the resources, including staff and budget, necessary to review the proposal; and
B. It has been more than two years since the proposed amendment has been considered unless a compelling reason for changed circumstances can be made; and
C. The proposal would correct an inconsistency within or make a clarification to a provision of the comprehensive plan; or
D. All of the following:
1. The proposal demonstrates a strong potential to serve the public interest by implementing specifically identified goals and policies of the comprehensive plan; and
2. The public interest would best be served by considering the proposal in the current year, rather than delaying consideration to a later subarea plan review or plan amendment process. [Ord. 11-0329 § 3 (Exh. 1).]
19.20.090 Amendment decision criteria.
All proposed amendments, whether or not considered through the annual amendment process, must meet the decision criteria in subsection A of this section. If the proposal is a site-specific comprehensive plan land use map amendment, then it must meet the decision criteria of subsections A and B of this section. If the proposal is an amendment to development regulations, then it must meet the decision criteria of subsections A and C of this section.
A. Review Criteria Applicable to All Proposed Amendments. All proposed amendments must meet the following criteria:
1. The proposed amendment is consistent with the Growth Management Act and the countywide planning policies; and
2. The proposed amendment eliminates an inconsistency or does not create an inconsistency within the comprehensive plan; and
3. The proposed amendment meets at least one of the following criteria:
a. The proposed amendment is beneficial to the City as a whole and will not adversely affect public health, safety, and welfare; or
b. The proposed amendment addresses changed circumstances within the City as a whole; or
c. The proposed amendment accommodates new policy direction from the city council.
B. Additional Review Criteria Applicable to Site-Specific Amendments. All site-specific comprehensive plan land use map amendments must meet the following additional decision criteria:
1. The proposed amendment is consistent with the policies, objectives and goals of the comprehensive plan (including any applicable subarea plans), the countywide planning policies and the State Growth Management Act; and
2. The subject property is suitable for development in conformance with the standards under the classification being proposed; and
3. The proposed amendment is compatible with adjacent and nearby existing and permitted land uses; and
4. The proposed amendment is compatible with the surrounding development pattern; and
5. The proposed amendment meets the zoning map decision criteria of KMC 19.30.210 and 19.30.220.
C. Additional Review Criteria for Development Regulations.
1. The proposed amendment is consistent with the policies, objectives, and goals of the comprehensive plan; and
2. The proposed amendment does not duplicate or conflict with other portions of the Kenmore Municipal Code. [Ord. 11-0329 § 3 (Exh. 1).]