CHAPTER 17.17
COMPREHENSIVE PLAN AMENDMENT PROCESS
Sections:
17.17.020 Types of amendments.
17.17.010 Purpose.
The purpose of this chapter is to establish procedures for reviewing, revising and amending the Comprehensive Plan, pursuant to the authority granted by Chapters 36.70A and 35A.63 RCW. Because it is the policy guideline for several aspects of the City’s operations, including capital budget decisions, it is important the Comprehensive Plan be regularly evaluated and revised as necessary to remain an accurate plan for the City. Amendments to the Comprehensive Plan will not occur more than once each year, except as otherwise provided in RCW 36.70A and this chapter. The process of reviewing the Comprehensive Plan set out in this chapter provides that, proposed amendments will be considered concurrently so that the cumulative effect of various proposals can be identified. (Ord 09-260 §1 (Ex A))
17.17.020 Types of amendments.
A. Annual Review Cycle. Annually, the City will undertake the process of considering proposed amendments to the Comprehensive Plan set out in section 17.17.030. Such proposed amendments and/or revisions to the Comprehensive Plan will be categorized into one of the following types:
1. "Area-wide amendment" is a proposed amendment and/or revision which has general applicability throughout the community, and is either a "text amendment", which amends the goals, policies, objectives, assumptions and/or standards described in the Comprehensive Plan or a "map amendment", which amends one or more of the maps of the Comprehensive Plan. In either instance, the proposal is comprehensive in nature and may be geographically distinctive or have unified interest within the City. While an Area-Wide Amendment typically includes several separate properties under various ownership, it is possible that it would apply to a single, specific piece of property under a single ownership.
2. "Capital facilities amendment" is a proposed amendment specifically related to the capital facilities element of the Comprehensive Plan which affects capital budget decisions.
3. "Urban Growth Area amendment" is a proposed amendment to the City’s Urban Growth Area.
B. The City may consider amendments to the Comprehensive Plan outside of the annual review cycle under the following circumstances:
1. The initial adoption of a subarea plan;
2. The adoption or amendment of a shoreline master program under the procedures set forth in RCW 90.58; and
3. The amendment of the capital facilities element of a comprehensive plan that occurs concurrently with the adoption or amendment of the City’s budget.
4. An Emergency Amendment, pursuant to the following requirements: Emergency Amendments to the Comprehensive Plan are those that arise from situations which require the immediate protection of the public’s health safety and welfare. Emergency Amendments to the Comprehensive Plan will be initiated by the City Council, evaluated and analyzed by the City’s staff and will be reviewed by the Planning Commission at a public hearing, from which a recommendation on the proposed Emergency Amendment(s) will be forwarded to the City Council. The City Council will evaluate the proposed Emergency Amendments based on the criteria set out in section 17.17.040(E), and take action on the proposed Emergency Amendment(s) after a public hearing. (Ord 09-260 §1 (Ex A))
17.17.030 Sources for annual amendments.
A. City Identified Deficiencies. The City Council, Planning Commission and City staff will use a docket to identify and track issues that arise over the course of the year which demonstrate inconsistencies and/or deficiencies in any portion of the Comprehensive Plan. For the purposes of this chapter, inconsistencies and/or deficiencies refer to the absence of required or potentially desirable content of a Comprehensive Plan. The docket shall be maintained by the Land Use Code Administrator, consisting of references to specific text and/or map change requests or additions.
B. Suggested Amendments. Amendments to the Comprehensive Plan may be proposed by any person, including without limitation private persons, organizations, agencies, by submission of a written request to be included in the docket described in subsection (A), the form of a written request to the Land Use Code Administrator on or before the Planning Commission’s regularly scheduled meeting for the month of September. All requests shall contain the following minimum information:
1. The name, address and phone number of the sponsor(s) and/or interested group who are presenting the request;
2. The type of proposal, as defined by section 17.17.020(B);
3. The specific text and/or map of the comprehensive plan which would be affected by the proposal;
4. Where appropriate, a parcel number, address and/or legal description to establish a general location for any proposed map changes;
5. An explanation of why the proposal is being presented for consideration;
6. A brief explanation of how the proposed amendment(s) address the initial review criteria listed in Section 17.17.040(E).
For those proposals actually considered by the Council, the applicant shall submit such information as requested by the City in order to properly analyze the proposal, and shall remit the fee for the proposal, as set out in the City’s Rate Resolution. (Ord 09-260 §1 (Ex A))
17.17.040 Annual review process.
The annual process of considering amendments to the Comprehensive Plan involves the public, the City’s Staff, the Planning Commission and the Council, which employs the following steps and review criteria.
A. Notice to Public. The general public will be notified in June and July each year of the next annual comprehensive plan review process and their ability to suggest amendments to the Comprehensive Plan, pursuant to section 17.17.030(B). Such notice shall be through newspaper articles, during regular City Council and/or Planning Commission meetings, and through any other opportunities and/or means deemed necessary. Announcements will identify the deadline after which no other amendments will be accepted.
B. Planning Commission Determination of Amendments. At its regular September meeting of each year, the Planning Commission will consider the compiled docket accumulated under section 17.17.030(A) and recommend to the City Council which of them should be considered by the City during the comprehensive plan amendment process in consideration of the criteria set out in subsection (C).
C. City Council- Proposals for Legislative Consideration. At the first regular meeting in November, the Council will review the Planning Commission’s recommendation pursuant to subsection (B) and will determine which items shall be further studied by the Planning Commission pursuant to the annual review process in order to make Recommended Amendments to the Comprehensive Plan, based on the following criteria, as presented by the City’s Staff:
1. Is the proposal necessary to resolve inconsistencies in the provisions of the Comprehensive Plan and/or Development Regulations or to address state or federal mandates?
2. Is the proposal consistent with the Growth Management Act, the County-wide planning policies and the Comprehensive Plan?
3. Does the proposal require amendments to other elements of the existing Comprehensive Plan (encompassing any other documents incorporated therein), such as the assumptions and/or other factors such as population, employment, land use, housing, transportation, capital facilities, economic conditions, etc. contained in the comprehensive plan? If the proposed amendment is inconsistent with any existing aspects of the comprehensive plan, what new or revised assumptions, background information changes, goals, policies, objectives, etc. must be made, and what conditions have changed that warrant such modification?
4. For those proposals that relate to a change in the comprehensive plan land use map, is the proposed designation adjacent to property having a similar and/or compatible designation?
5. Will the proposal affect lands designated as resource lands of long term commercial significance and/or critical areas? If so, how will the proposed amendment impact these areas?
These criteria will assist in determining the amount of work associated with each proposal. The decision to include or not include each proposal on the final list of Proposals for Legislative Consideration shall be based on available City resources to accomplish the necessary review as projected from the above evaluation.
D. Staff Report to the Planning Commission. The City’s Staff will prepare a report to the Planning Commission that evaluates all of the Proposals for Legislative Consideration, including the required environmental review. The report will be an integrated and cumulative analysis that is developed and reviewed with input from the Planning Commission, and shall be delivered on or before July 31. The report will include, at a minimum, an analysis of the interrelationship of the proposals, the criteria set forth in this chapter and the following:
1. Impacts of the proposed action;
2. Impacts of a "no action" alternative;
3. Impacts of staff-recommended and/or other alternatives, if any;
4. Possible mitigation measures; and
5. Unavoidable impacts.
E. Recommended Amendments by the Planning Commission. Over a series of meetings, the final of which shall be a public hearing, and by August 31, the Planning Commission will review the staff report on the Proposals for Legislative Consideration and will prepare a package of amendments to the Comprehensive Plan which it recommends be adopted by the Council, including appropriate findings and conclusions based on the following criteria:
1. The Recommended Amendments are necessary to resolve inconsistencies in the provisions of the Comprehensive Plan and/or development regulations or to address state or federal mandates;
2. The Recommended Amendments are consistent with the requirements of RCW 36.70A and the County-wide planning policies;
3. The Recommended Amendments are consistent with the overall intent of the existing Comprehensive Plan and the other documents incorporated therein;
4. The Recommended Amendments are consistent with the assumptions and/or other factors such as, population, employment, land use, housing, transportation, capital facilities, economic conditions, etc. contained in the Comprehensive Plan;
5. The Recommended Amendments are consistent with and does not adversely affect the supply of land for various purposes which is available to accommodate projected growth within the City over a 20 year period;
6. Where applicable, conditions have changed such that assumptions and/or other factors such as population, employment, land use, housing, transportation, capital facilities, economic conditions, etc. contained in the comprehensive plan have been revised and/or enhanced to reflect said conditions;
7. Recommended Amendments to the Comprehensive Plan land use designation map(s) are either consistent and/or compatible with, or do not adversely affect, adjacent land uses and surrounding environment;
8. The Recommended Amendments are consistent with and does not negatively impact public facilities, utilities and infrastructure, including transportation systems, and any adopted levels of service; and
9. The Recommended Amendments do not adversely affect lands designated as resource lands of long term commercial significance or critical areas.
F. State Agency/Public Review. Immediately after the Planning Commission adopts the Recommended Amendments, the City shall submit the Recommended Amendments for the 60-day state agency/public review period, pursuant to RCW 36.70A.106 shall occur prior to final action on the Recommended Amendments by the Council. The City shall act as lead agency pursuant to the State Environmental Policy Act for the Recommended Amendments, (including those proposals affecting the unincorporated portions of the City’s Urban Growth Area.)
G. Impacts to the Urban Growth Area. All Recommended Amendments that affect the unincorporated portions of the City’s Urban Growth Area, including proposed amendments to the City’s Urban Growth Area will be submitted to Grant County, for inclusion in the County’s formal public review and adoption process.
H. Consideration of Recommended Amendments by Council. After review of the Recommended Amendments by State Agencies pursuant to RCW 36.70A.106 is complete, the Council will consider the adoption of the Recommended Amendments at one or more meetings, which shall include at least one public hearing on the Recommended Amendments prior to taking final action to adopt the Recommended Amendments by ordinance.
I. Action on Recommended Amendments. Final action on the Recommended Amendments shall occur prior to the adoption of the City’s annual budget for the next year, and in no instance shall the City Council adopt Recommended Amendments prior to the conclusion of the review of the Recommended Amendments by State Agencies. The Council’s final action on the Recommended Amendments will be forwarded to the required state and local agencies. (Ord 09-260 §1 (Ex A))