Chapter 17.38
AMENDMENTS AND DEVELOPMENT AGREEMENTS
Sections:
17.38.010 City council authority.
17.38.020 Initiation of amendments.
17.38.040 Contract rezone authorized.
17.38.050 Development agreement authorized.
Legislative history: Ord. 97-406.
17.38.010 City council authority.
The city council may, after review by the planning commission, amend, supplement, or change any of the provisions, zone district boundaries, or zone district classifications in MCMC Titles 14 through 18. Such changes shall be consistent with and serve to implement the city of Mill Creek comprehensive plan. (Ord. 2005-609 § 2)
17.38.020 Initiation of amendments.
A. Initiation. Amendments to MCMC Titles 14 through 18 may be initiated by the city council, the planning commission or city staff.
B. Required Findings. Text amendments to the provisions of this code may be made if the following findings are made:
1. The amendment is consistent with the purposes of the comprehensive plan.
2. The amendment is consistent with the purposes of this title.
C. Review Process. Text amendments shall be reviewed and processed in accordance with MCMC Title 14, Development Code Administration. (Ord. 2005-609 § 2)
17.38.030 Rezones.
A. Initiation. Amendments to zone district boundaries or classifications may be initiated by the city council, planning commission, city staff or petition of owners of 51 percent of the area of the properties to be rezoned. Said amendments to zone district boundaries shall be consistent with the land use map in the city of Mill Creek comprehensive plan or shall be processed in conjunction with an amendment to the comprehensive plan land use map.
B. Required Findings. Amendments to zone district boundaries or classifications may be made if all the following findings are made:
1. The amendment is consistent with the comprehensive plan.
2. The amendment is consistent with the purposes of this title.
3. The amendment is consistent and compatible with the uses and zoning of the surrounding property.
4. There have been significant changes in the circumstances of the property to be rezoned or surrounding properties to warrant a change in boundaries or classification.
C. Official Map Amendments. All amendments to the official zoning map shall be consistent with the adopted comprehensive plan.
1. Proposed amendments to the official zoning map that are consistent with the comprehensive plan shall be reviewed by the planning commission and city council in accordance with the provisions of MCMC Title 14.
2. Proposed amendments to the official zoning map that are inconsistent with the comprehensive plan require a comprehensive plan amendment to be reviewed and approved by the planning commission and the city council prior to the approval of a rezone.
D. Burden of Proof. The applicant shall demonstrate that the proposed rezone satisfies the conditions of the required findings in this section.
E. Review Process. Rezones and official map amendments shall be reviewed and processed in accordance with MCMC Title 14, Development Code Administration. (Ord. 2005-609 § 2)
17.38.040 Contract rezone authorized.
An applicant may propose conditions on the use and development of the property to be rezoned in order to mitigate otherwise unacceptable adverse effects of the proposed action. If acceptable to the city, these conditions may be incorporated into a contract between the city and the property owner and adopted as a necessary requirement of the rezone. (Ord. 2005-609 § 2)
17.38.050 Development agreement authorized.
The city may enter into a development agreement as authorized by RCW 36.70B.170 et seq. upon terms satisfactory to the city. (Ord. 2005-609 § 2)
17.38.060 Enforcement.
Contract rezones and development agreements shall be enforced as permitted by law without limiting the foregoing or the city’s police power. The parties to a contract rezone or a development agreement may agree to additional or supplemental enforcement provisions. (Ord. 2005-609 § 2)