Chapter 12.02
PROCEDURES FOR AMENDMENTS TO COMPREHENSIVE PLAN AND DEVELOPMENT REGULATIONS
Sections:
12.02.005 Purpose.
12.02.010 Amendments and exceptions.
12.02.020 Concurrent review for comprehensive plan amendments.
12.02.025 Docketing.
12.02.030 Time of filing.
12.02.035 Process for review.
12.02.040 SEPA review.
12.02.045 Annual docket evaluation criteria.
12.02.050 Comprehensive plan amendment standard of review.
12.02.055 Public participation program – Basic elements.
12.02.060 Process and notice requirements.
12.02.070 Repealed.
12.02.080 Repealed.
12.02.090 Fees.
12.02.100 Repealed.
12.02.005 Purpose.
The purposes of this chapter are to establish the procedures and review criteria for amending the city’s comprehensive plan and development regulations and to provide for public participation. Amendments to the comprehensive plan are the means by which the city may modify its twenty (20) year plan for land use, development, or growth policies in response to changing city needs or circumstances. Comprehensive plan and development regulation amendments will be reviewed in accordance with the state Growth Management Act (GMA) and other applicable state laws, the countywide planning policies, and the Kent comprehensive plan. Comprehensive plan and development regulation amendments will be afforded appropriate public review pursuant to this chapter.
(Ord. No. 3847, § 1, 7-17-07)
12.02.010 Amendments and exceptions.
A. The comprehensive plan shall be amended pursuant to this chapter no more than once each calendar year as part of the annual cycle established in this chapter, except that under the following circumstances, amendments may be processed separately and in addition to the annual cycle:
1. If an emergency exists, which is defined as an issue of community-wide significance that promotes the public health, safety, and general welfare;
2. To resolve an appeal of a comprehensive plan filed with a growth management hearings board or with the court;
3. To adopt or amend a shoreline master program under the procedures set forth in Chapter 90.58 RCW;
4. The initial adoption of a subarea plan; and
5. 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 land use and planning board.
B. Annual cycle amendments to the comprehensive plan may be made to address technical updates and corrections, and to consider amendments that do not require substantive changes to policy language. This review may be referred to as the annual cycle.
C. Every seven (7) years from December 1, 2004, the city shall complete a comprehensive review of the comprehensive plan in order to update it as appropriate and to ensure continued compliance with the GMA. This review may provide for a cumulative analysis of the twenty (20) year plan based upon official population growth forecasts, benchmarks, and other relevant data in order to consider substantive changes to policy language.
(Ord. No. 3237, § 1, 7-6-95; Ord. No. 3650, § 1, 7‑15-03; Ord. No. 3722, § 1, 11-2-04; Ord. No. 3847, § 1, 7-17-07)
12.02.020 Concurrent review for comprehensive plan amendments.
Unless an exception is identified in KCC 12.02.010(A), city staff, the land use and planning board, and the city council shall consider all proposed comprehensive plan text and land use map amendments concurrently so as to assess their cumulative impact.
(Ord. No. 3237, § 1, 7-6-95; Ord. No. 3650, § 1, 7‑15-03; Ord. No. 3722, § 1, 11-2-04; Ord. No. 3847, § 1, 7-17-07)
12.02.025 Docketing.
A. In accordance with RCW 36.70A.470, a list of suggested changes to the comprehensive plan text, area-wide comprehensive plan land use map, or development regulations shall be coordinated by the planning services office. The list shall be known as the docket and is the means to suggest a change or identify a deficiency in the comprehensive plan or development regulations. Any interested party may submit items to the docket using the docket form prescribed by the planning services office.
B. A property owner or authorized agent of the property owner shall request a site-specific amendment to the land use map of the comprehensive plan by submitting a complete application for comprehensive plan map amendment, an environmental checklist, and applicable fees. The application will be processed in accordance with Process VI as described in Ch. 12.01 KCC and shall be considered concurrently with the annual docket. Separate site-specific zoning district map amendments may be processed under KCC 15.09.050(A)(3).
C. The docket request for comprehensive plan amendments and development regulations shall include the following elements, if applicable:
1. A detailed statement of the proposed amendment and reason for the amendment;
2. A statement of anticipated impacts of the change, including geographic area affected and issues presented;
3. A demonstration of why existing comprehensive plan guidance and development regulations should not continue in effect or why existing criteria no longer apply;
4. A statement of how the amendment complies with the Growth Management Act’s goals and specific requirements;
5. A statement of how the amendment complies with the countywide planning policies; and
6. A statement of how functional plans (e.g., subarea plans, utility plans) and capital improvement programs (e.g., transportation improvement program) support the change.
12.02.030 Time of filing.
A. The deadline for submitting an application for amendments to comprehensive plan text, area-wide comprehensive plan land use map, site-specific amendments to the land use plan map in KCC 12.02.025(B), and development regulations for consideration in the annual cycle is September 1, or the first business day in September.
B. Requests received each year after September 1 shall be considered in the following year’s annual docket amendment process.
(Ord. No. 3237, § 1, 7-6-95; Ord. No. 3650, § 1, 7‑15-03; Ord. No. 3722, § 1, 11-2-04; Ord. No. 3847, § 1, 7-17-07)
12.02.035 Process for review.
A. Proposals for amendments to the comprehensive plan land use map that have been filed with the planning services office in accordance with KCC 12.02.025(B) will be forwarded to the city council for action during the comprehensive plan annual cycle.
B. Proposals for amendments to development regulations that have been filed with the planning services office in accordance with KCC 12.02.025(A) will be considered in an annual docket report which is forwarded to the city council each year.
C. Proposals for amendments to the comprehensive plan text and development regulations filed with the planning services office in accordance with KCC 12.02.025(A) shall be compiled by the planning services office and distributed for review and comment to those city departments responsible for the applicable element of the comprehensive plan or development regulation. The planning services office also shall seek public comment on the comprehensive plan and any proposed comprehensive plan amendments in accordance with KCC 12.02.055.
D. Using the criteria provided in KCC 12.02.045, city staff will review and submit to the planning services office recommendations as to which proposals should have action taken on them during the annual cycle and which should be made part of a city department work program.
E. The planning services office will compile proposed amendments to the comprehensive plan text, area-wide comprehensive plan land use map, and development regulations in an annual docket report along with a list of the proposed site-specific amendments to the comprehensive plan land use map. The report shall identify items appropriate for the current annual cycle, a future annual cycle, or the next seven (7) year cycle. If the docketed items will not be included in the annual cycle, the staff shall indicate the reason(s) why. The docket report also shall indicate the proposed public workshop and hearing dates for land use and planning board or other public meetings when the proposed changes will be considered, if known. The annual docket report shall be presented to the city council at its first meeting in December.
F. Proposed amendments to comprehensive plan text, area-wide comprehensive plan land use map, and development regulations that the docket report determines are not appropriate for the current annual cycle shall be included for consideration in future docket reports for a period of three (3) years.
G. The annual docket report will be posted on the city’s web site and updated annually.
(Ord. No. 3237, § 1, 7-6-95; Ord. No. 3650, § 1, 7‑15-03; Ord. No. 3722, § 1, 11-2-04; Ord. No. 3847, § 1, 7-17-07)
12.02.040 SEPA review.
The city’s responsible official shall review the cumulative anticipated environmental impact of the proposed amendments to the comprehensive plan land use map, comprehensive plan text, and development regulations, pursuant to the Washington State Environmental Policy Act (SEPA). If the responsible official determines that an environmental impact statement (EIS), supplemental EIS, or other appropriate environmental review is warranted, applicants for amendments to the comprehensive plan land use map may be responsible for a full or proportionate share of the costs of preparing the necessary documents as determined by the responsible official.
(Ord. No. 3237, § 1, 7-6-95; Ord. No. 3650, § 1, 7‑15-03; Ord. No. 3722, § 1, 11-2-04; Ord. No. 3847, § 1, 7-17-07)
12.02.045 Annual docket evaluation criteria.
A. Proposed amendments to the comprehensive plan text, area-wide comprehensive plan land use map, and development regulations on the annual docket may be appropriate for action if the following criteria have been met:
1. The proposed comprehensive plan text amendment addresses a matter appropriate for inclusion in the comprehensive plan;
2. The proposal demonstrates a strong potential to serve the public interest by implementing specifically identified goals and policies of the comprehensive plan;
3. The proposal addresses the interests and changed needs of the entire city as identified in its long-range planning and policy documents, including but not limited to the comprehensive plan;
4. The proposal does not raise policy or land use issues that are more appropriately addressed by an ongoing work program approved by city council;
5. The proposal can be reasonably reviewed within the time frame of the current annual work program and existing staff and budget resources; and
6. The proposal has not been voted on by the city council in the last three (3) years. This time limit may be waived by the city council if the proponent establishes that there exists either an obvious technical error or a change in circumstances that justifies the need for the amendment.
B. Staff may propose to expand the geographic scope of an amendment to the comprehensive plan land use map to allow for consideration of adjacent property, similarly situated property, or area-wide impacts. The following criteria shall be used in determining whether to expand the geographic scope of a proposed land use map amendment:
1. The effect of the proposed amendment on the surrounding area or neighborhood or city;
2. The effect of the proposed amendment on the land use and circulation pattern of the surrounding area or neighborhood or city; and
3. The effect of the proposed amendment on the future development of the surrounding area or neighborhood or city.
12.02.050 Comprehensive plan amendment standard of review.
The planning services office may recommend and the city council may approve, approve with modifications, or deny amendments to the comprehensive plan text or land use map designations based upon the following criteria:
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 will result in long-term benefits to the community as a whole and is in the best interest of the community; and
4. 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.
(Ord. No. 3237, § 1, 7-6-95; Ord. No. 3650, § 1, 7‑15-03; Ord. No. 3722, § 1, 11-2-04; Ord. No. 3847, § 1, 7-17-07)
12.02.055 Public participation program – Basic elements.
A. Pursuant to RCW 36.70A.140, the city shall provide for early and continuous public participation in the development and amendment of the comprehensive plan and development regulations.
B. Public participation shall at a minimum include the following elements:
1. Annual dissemination of a schedule for public participation.
2. Issuance of a citizen’s guide to the comprehensive plan process that provides information on citizen participation in the comprehensive plan process, a description of the procedure and schedule for amending the comprehensive plan and development regulations, and a guide on how to use the docket.
3. Provision for broad dissemination of proposed amendments and alternatives, if appropriate. The city shall make available to the public printed and electronic information which clearly defines and visually portrays, when possible, the range of options under consideration by the city. This information shall also include a description of any policy considerations; the schedule for deliberation; opportunities for public participation; information on the proposed amendment review procedures for written comments and the name, address, and telephone number of the responsible official(s). The methods employed may include, but are not limited to, the use of the following: published notice in the official city newspaper and other appropriate publications, news media notification, mailed notice to property owners and to citizens or groups with a known interest in the proposal, government channel, and Internet.
4. Public meetings to obtain comments from the public or other agencies on a proposed comprehensive or subarea plan, or an amendment to the comprehensive plan or development regulation. Public meeting means an informal meeting, hearing, workshop, or other public gathering of people for the purpose of obtaining public comments and providing opportunities for open discussion. All public meetings associated with review of the comprehensive plan or development regulations shall provide a means for the public to submit items for the docket. A public record of each public meeting should be maintained to include documentation of attendance, record of mailed notice, and a summary of public comments not incorporated in the docket.
(Ord. No. 3847, § 1, 7-17-07)
12.02.060 Process and notice requirements.
Proposed amendments shall be classified and public notice shall be given in accordance with Ch. 12.01 KCC.
(Ord. No. 3237, § 1, 7-6-95; Ord. No. 3650, § 1, 7‑15-03; Ord. No. 3722, § 1, 11-2-04; Ord. No. 3847, § 1, 7-17-07)
12.02.070 City council action.
Repealed by Ord. No. 3847.
(Ord. No. 3237, § 1, 7-6-95; Ord. No. 3650, § 1, 7‑15-03; Ord. No. 3722, § 1, 11-2-04)
12.02.080 Standing.
Repealed by Ord. No. 3847.
(Ord. No. 3237, § 1, 7-6-95; Ord. No. 3650, § 1, 7‑15-03; Ord. No. 3722, § 1, 11-2-04)