Chapter 18.88
AMENDING THE ZONING ORDINANCE AND THE COMPREHENSIVE PLAN
Sections:
18.88.020 Exceptions to the amendment process.
18.88.030 Types of amendments.
18.88.050 Type II amendments –Transitional zone redesignation.
18.88.060 Type I and Type II application review procedures.
18.88.070 Type III amendments – Annual review process.
18.88.010 Purpose.
The purpose of this chapter is to establish procedures for amending the city of Sequim comprehensive plan, including the optimum land use map and any subarea plans, and for amending the zoning code and the official zoning map. The Growth Management Act (GMA) generally allows amendments to comprehensive plans only once per year, except in emergencies, so as to allow communities to consider the cumulative impacts of the proposed revisions. This chapter is intended to provide a process to distinguish those applications for amendments which require review for cumulative impacts and should be “docketed” for annual review and to identify those applications for amendments for which the cumulative impacts have been previously addressed and to provide timelines, public participation procedures, application requirements, and review criteria for consideration of amendments to the comprehensive plan, comprehensive plan optimum land use map and the zoning code and official zoning map. (Ord. 2011-012 § 1 (Exh. A); Ord. 97-019 § 4, Exh. B)
18.88.020 Exceptions to the amendment process.
The city council may amend the comprehensive plan and/or zoning code outside of the processes contained in this chapter, in any of the following circumstances:
A. Emergencies. Resolution of an emergency condition or situation that involves public health, safety or welfare and when adherence to the processes of the chapter would be detrimental to the public health and safety.
B. Initial Adoption of an Identified Subarea Plan and/or Planned Unit Development. Initial adoption of an identified subarea plan when the subarea plan has been considered and approved consistent with the procedures and criteria of Chapter 18.18 SMC, Overlay Districts, and adoption of a planned unit development, consistent with the procedures and criteria of Chapter 18.40 SMC, Planned Unit Developments.
C. Resolution of a Decision by an Administrative Agency or Court of Competent Jurisdiction. Situations involving official legal or administrative action (such as decisions by the Western Washington Growth Hearings Board or the state or federal courts, actions of a state agency or office or the state legislature) affecting the city of Sequim and the urban growth area (planning area) will be reviewed by the city council to determine if an appropriate “emergency” exists, necessitating an emergency comprehensive plan amendment. The council may choose to enact an emergency amendment; however, in all cases, the planning commission shall evaluate and consider the cumulative impacts of any emergency decisions when considering annual amendments. (Ord. 97-019 § 4, Exh. B)
18.88.030 Types of amendments.
The city has identified three separate amendment types. Type I and II amendments do not require “docketing” for consideration on an annual basis. Type III amendments do require “docketing” and will be considered annually. All comprehensive plan, comprehensive plan optimum land use map, zoning code, and official zoning map amendments are considered C-2 (legislative) processes, consistent with the procedures and criteria of SMC Title 20, and are exempt from the timeline requirements of that title. (Ord. 97-019 § 4, Exh. B)
Table 18.88.030
|
Amendment |
Purpose |
Examples |
Docketing for Annual Review Required |
|---|---|---|---|
|
Type I |
Revisions to the official zoning map consistent with the comprehensive plan, code text amendments |
Map errors, public facilities zoning designations (with approved special use applications), code amendments |
No |
|
Type II |
Rezones of parcels designated by the optimum land use map as “transitional zoning areas” |
Applications for subdivision, PUD, or binding site plan within the transitional zoning designation which propose greater than one acre density |
No |
|
Type III |
Amendments of the comprehensive plan land use map and text |
Text amendments, changes to goals, policies or projects, map changes |
Yes |
(Ord. 2011-012 § 1 (Exh. A); Ord. 97-019 § 4, Exh. B)
18.88.040 Type I amendments – Text and map rezones consistent with comprehensive plan optimum land use map designations.
Requests for amendments to the official zoning map and/or to the text of the municipal code which are determined to be consistent with the comprehensive plan and the optimum land use map shall be considered a Type I amendment, and may be applied for at any time.
A. Who May Apply. The department of community development and building department will only accept applications for Type I amendments from the owner or owners of a property, or the owner’s authorized representative. Proof of ownership may be required.
B. Application Required. All applications for Type I amendments shall be received on forms provided by the department of community development, and shall include:
1. A complete legal description of the subject parcel(s).
2. A copy of the county tax assessors map of the subject parcel(s).
3. A vicinity map showing at least those neighboring parcels within 300 feet of the subject parcel and all road access to the parcel.
4. The current official zoning map designation for the subject parcel(s).
5. The current optimum land use map designation for the subject parcel(s).
6. The zoning designation requested.
7. An adjacent properties owners (APO) list including all those located within a 300-foot radius from the edge of the subject properties.
8. Applicant or applicant’s representative’s signature on the application.
9. Fees as established by the city of Sequim.
C. Standards for Review. The following standard for review shall be applied to Type I amendments:
1. The proposed land use designation shall be found to be consistent with the comprehensive plan and the comprehensive plan optimum land use map. (Ord. 2011-017 § 1; Ord. 2002-004 § 1; Ord. 97-019 § 4, Exh. B)
18.88.050 Type II amendments –Transitional zone redesignation.
The Type II amendment process allows for consideration of official zoning map redesignation of those parcels designated on the optimum land use map as being included within “transitional zones areas.”
A. Who May Apply. The department of community development and building department shall only accept applications for Type II amendments from the owner or owners of a property, or the owner’s authorized representative. Proof of ownership may be required. Groups of adjacent landowners may combine their applications into a single application provided the optimum land use map designations of all of the parcels are the same.
B. Type II Applications May Be Combined. Type II applications may be combined with other development review applications, consistent with the requirements of SMC Title 20 providing that any other land use applications combined with a Type II amendment will be exempt from the timeline requirements of SMC Title 20 and will be considered consistent with the requirements of this section.
C. Application Required. All applications for Type II amendments shall be received on forms provided by the department of community development and shall include:
1. A complete legal description of the subject parcel(s).
2. A copy of the county tax assessor’s map of the subject parcel(s).
3. A vicinity map showing at least those neighboring parcels within 300 feet of the subject parcel and all road access to the parcel.
4. The location of existing utilities serving the subject parcels including sewer, water, electrical services, and telephone service.
5. The location and uses of existing structures located on the subject parcel(s), or an aerial photo of the subject area, with boundaries marked.
6. The location of existing roads in the vicinity of the property including information on road classifications (major or minor arterial, collector, and local access roads) and improvements to such roads.
7. A transportation study area report shall be included for those applications which include parcels within a transportation study area, as indicated in the Sequim comprehensive plan.
8. The location of existing park and recreational facilities, critical areas, trails and paths, dedicated open space and shorelines, if applicable.
9. A topographical map of the subject parcels and surrounding properties to a scale of a minimum of one inch equaling 200 feet (1:200).
10. The current official zoning map designation for the subject parcel(s).
11. The current optimum land use map designation for the subject parcel(s).
12. The zoning designation requested.
13. A detailed plan which indicates any proposed improvements, including plans for:
a. Street and pedestrian improvements;
b. Street lighting;
c. Storm drainage controls, including but not limited to, curbs, gutters, and stormwater detention facilities;
d. Public water supply;
e. Public sanitary sewers;
f. Circulation and traffic patterns for the development and the surrounding neighborhoods;
g. Trails, parks or playgrounds, or contributions to regional facilities.
14. Other information as may be required by the director of the department of community development to assist in accurately assessing the conformance of the application with the standards for approval.
15. Supplemental environmental review and/or critical areas review if determined by the director of the department of community development to be required.
16. Fees as established by the city of Sequim.
D. Criteria for Approval – Type II Amendments. Applications for Type II amendments shall be recommended and approved if they meet all of the following criteria:
1. The applicant is the owner or authorized representative of the owner of the subject parcel(s).
2. The subject parcel(s) is currently designated as a transitional zones on the comprehensive plan optimum land use map and the official zoning map.
3. The requested land use designation is consistent with the indicated transitional zone shown on the comprehensive plan optimum land use map and official zone map.
4. Environmental impacts and critical areas impacts of redesignation to the transitional zone have been assessed and proposed mitigations approved.
5. The required minimum improvements for residential development have been provided including:
a. Paved streets, curbs, sidewalks or surfaced walkways;
b. Adequate areas for off-street parking are available;
c. Street lighting;
d. Storm drainage control, including curbs, gutters, and stormwater detention facilities;
e. Public water supply;
f. Public sanitary sewers;
g. Appropriate circulation and traffic patterns for the development and the surrounding neighborhoods;
h. Adequate trails, parks or playgrounds, or contributions to regional facilities.
6. The proposed amendment does not erode the purpose, goals and policies of the comprehensive plan.
7. The proposed amendment is consistent with the capital facilities plan, transportation improvement plan, comprehensive water plan, comprehensive sewer plan, shoreline master program (if applicable) and any other applicable plans or ordinances of the city of Sequim.
E. Applications for Type II Amendments Located Within the Urban Growth Area and Outside of the City Limits. The city council will consider application for amendment of the comprehensive plan optimum land use map for those parcels located within the urban growth area, but outside of the city limits. A recommendation for approval or denial shall be forwarded to the Clallam County board of county commissioners. Should the Clallam County board of commissioners approve, the subject application, the optimum land use map shall be revised. (Ord. 2011-017 §§ 1, 2; Ord. 97-019 § 4, Exh. B)
18.88.060 Type I and Type II application review procedures.
A. Preliminary Administrative Determination Required. All applications for a Type I and Type II amendment shall be reviewed by the director of the department of community development to establish a preliminary determination of consistency.
1. The director of the department of community development will use the following criteria to determine if a Type I application is consistent:
a. The current official zoning map land use designation is not consistent with the comprehensive plan optimum land use map.
b. The requested land use designation is consistent with the comprehensive plan and the comprehensive plan optimum land use map.
c. Requests for transitional zoning re-designation shall not be considered Type I amendments.
2. The director of the department of community development will use the following criteria to determine if a Type II application is consistent:
a. The application is complete and all information, including any additional information deemed necessary by the director of the department of community development, has been provided;
b. The requested land use designation is consistent with the comprehensive plan and the comprehensive plan optimum land use map transitional zoning designation. Applications which request a designation other than that indicated on the optimum land use map as the transitional designation shall not be considered for Type II approval.
B. Consistent Applications. Applications for Type I and Type II amendment, determined by the director of the department of community development to be consistent with the criteria of SMC 18.88.060(A) shall be forwarded to the planning commission for their review and recommendation. The director of the department of community development may require that additional information which clarifies the intent and purpose of the requested amendment be provided to accompany the application.
C. Inconsistent Applications. Applications which are not consistent with the above referenced criteria shall be returned to the applicant, with a written determination of inconsistency. In addition, the director of the department of community development shall determine which amendment process would be most appropriate for the requested revision and include such determination in the written determination of inconsistency. All application fees received by the city of Sequim shall be returned to the applicant if the application is determined inconsistent.
D. Notice Required. All applications for Type I and Type II amendments shall be noticed consistent with the requirements of SMC Title 20, except that text amendments to the zoning code which are procedural and do not affect the manner in which land may be used or developed shall be exempt from the requirements of SMC Title 20.
E. Hearing by the Planning Commission Required. All applications for Type I and Type II amendments require that the planning commission hold a public hearing, receive comment and testimony and prepare a recommendation to the city council. The planning commission shall recommend approval of the requested Type I and Type II amendment if the commission finds the application meets the criteria for approval for Type I application listed in SMC 18.88.040(C) and/or the criteria for approval of Type II applications listed in SMC 18.88.050(D).
F. City Council Hearing. The Sequim city council shall have final decisionmaking authority for all Type I and Type II amendments. The council shall consider the recommendation of the planning commission at a public hearing.
1. The council shall apply the standards for review and approval as set forth in SMC 18.88.040(C) for Type I amendments and in SMC 18.88.050(D) for Type II applications.
2. The city council shall adopt any Type I and Type II amendments by ordinance.
3. Type I and Type II amendments adopted by council ordinance shall be noted on the official zoning map by ordinance number, and included in periodic revisions to said map. (Ord. 2011-017 § 2; Ord. 2002-004 § 2; Ord. 97-019 § 4, Exh. B)
18.88.070 Type III amendments – Annual review process.
Except as provided in SMC 18.88.020 through 18.88.030, proposals for amendments to the text of the Sequim comprehensive plan, amendments to the designations of the comprehensive plan optimum land use map, the text of the zoning code, and the designation of parcels by the official zoning map shall be considered by the city council no more frequently than once every calendar year. Proposals for Type III amendments shall be considered so that the cumulative effect of all amendments may be ascertained. Proposals may be considered at separate meetings and hearings, so long as the final action taken considers the cumulative effect of all the proposed amendments on the comprehensive plan.
A. Initiation of Amendments. Amendments may be initiated by the planning department, the planning commission, city council, other jurisdictions and agencies, individual citizens and affected property owners.
B. Jurisdictional Amendments. Amendments may be initiated by any governmental jurisdiction or agency at anytime within the review period; provided, that:
1. No new amendments may be proposed without providing at least 30 days public notice prior to final council action; and
2. Action on any amendment not exempt as described in SMC 18.88.020 shall be considered with all other amendments for the given year; and
3. Jurisdictional amendments shall be proposed on forms provided by city, dated and “docketed”;
4. A current copy of the docket shall be maintained by the city clerk, and shall be available for public inspection during regular city business hours.
C. Text Amendments to the Comprehensive Plan or Zoning Code. Members of the public wishing to propose a text amendment to the comprehensive plan and/or zoning code may propose amendments on forms provided by the city; provided, that a public-initiated amendment to be considered in a current year is received by a date determined by the city council. All text amendments received shall be included in the docket. All public proposals for text amendments should include subsections (C)(1) through (4), unless determined as unnecessary by the planning director:
1. Name and address of the person or persons proposing the amendment.
2. Proposed text amendments, including plan or code to be amended, section, chapter or element number, page number references. Text amendments should be proposed consistent with the format described by the city.
3. Statement as to the purpose of the proposed amendment.
4. Statement as to how the proposed amendment would:
a. Be consistent with the Growth Management Act;
b. Be consistent with the county-wide planning policies;
c. Further the purpose of the comprehensive plan; and
d. Be internally consistent with the plan or code to be amended, the comprehensive plan, and other adopted city plans and codes.
D. Amendments to the Optimum Land Use Map and Related Changes to the Official Zoning Map Required to Maintain Consistency with the Proposed Optimum Land Use Map Change. Landowners or their authorized representatives may propose amendments to the optimum land use map. Optimum land use map changes shall be accompanied by a corresponding zone map change where necessary to maintain consistency between the two maps. Proposed amendments to the optimum land use map and official zoning map shall be on forms provided by the city and received by the established date of the year in which consideration is requested. All proposals for amendments to the optimum land use map and official zoning map shall include subsections (D)(1) through (18), unless determined as unnecessary by the planning director:
1. A complete legal description of the subject parcel(s).
2. A copy of the county tax assessor’s map of the subject parcel(s).
3. A vicinity map showing at least those neighboring parcels within 300 feet of the subject parcel and all road access to the parcel.
4. The location of existing utilities serving the subject parcels including sewer, water, electrical services, telephone service, and other urban services.
5. The location and uses of existing structures located on the subject parcel(s).
6. The location of existing roads in the vicinity of the property including information on road classifications (arterial, collector, access) and improvements to such roads.
7. A completed transportation study may be required for those applications which include parcels within a transportation study area.
8. Location of existing park and recreational facilities, critical areas, trails and paths, dedicated open space and shorelines, if applicable.
9. Topographical map of the subject parcels and surrounding properties at a scale of a minimum of one inch equals 200 feet (1:200).
10. The current official zoning map designation for the subject parcel(s).
11. The current optimum land use map designation for the subject parcel(s).
12. The optimum land use map and zoning designation requested.
13. A detailed plan which indicates any proposed improvements, including plans for:
a. Paved streets, curbs, sidewalks or surfaced walkways;
b. Off-street parking;
c. Street lighting;
d. Storm drainage control, including curbs, gutters, and stormwater detention facilities;
e. Public water supply;
f. Public sanitary sewers;
g. Circulation and traffic patterns for the development and the surrounding neighborhoods; and
h. Trails, parks or playgrounds, or contributions to regional facilities.
14. Other information as may be required by the planning director to assist in accurately assessing the conformance of the application with the standards for approval.
15. Statement as to the purpose of the proposed amendment, and a description of any associated development proposals. Proposed site specific or project related plan amendments which do not specify proposed uses and potential impacts will be assumed to have the maximum allowable impact to the environment and public facilities and services.
16. Supplemental environmental review and/or critical areas review if determined by the planning director to be required.
17. Fees as established by the city of Sequim.
18. Statement as to how the proposed amendment would:
a. Be consistent with the Growth Management Act;
b. Be consistent with the county-wide planning policies;
c. Further the purpose of the comprehensive plan; and
d. Be internally consistent with the plan or code to be amended, the comprehensive plan, and other adopted city plans and codes.
E. Determination of Completeness for Application for Type III Amendment. The planning director shall review all docketed Type III applications and make a determination of completeness within 28 days of receipt of application. Applicants will be required to provide any additional material requested by the director within 14 days of the date of the request. It is highly recommended that applicants for Type III amendments to the comprehensive plan optimum land use map and official zoning map contact the planning department and arrange for a preapplication consultation prior to submittal of an application for amendment. Type III applications which are determined to be not complete as of 14 days after the annual application deadline date set by the city council will not be considered during the current annual review process.
F. Planning Department – Public Notice Requirements – Type III Amendments – Annual Comprehensive Plan Review. The planning department will prepare notices for the public explaining the comprehensive plan, zoning code, comprehensive plan optimum land use map and official zone code map amendment annual review process. This notice shall be placed in the legal notice section of the newspaper of record no less than two times within the 30-day period preceding the deadline for applications. In addition, the planning department may take any other steps it deems necessary to advise the public as to the annual review process, its timelines, requirements and opportunities for participation.
G. Planning Commission Hearing – Notice Requirements. The planning commission shall hold at least one public hearing to review Type III amendments. The hearing shall be noticed by publication in the newspaper of record of the city at least 10 days prior to the date of the hearing, and by posting of notice of hearing in City Hall and the planning and public works building. The notice shall include:
1. The purpose(s) of amending the comprehensive plan and/or zoning code;
2. The deadline for submitting comments on the amendments;
3. A tentative hearing schedule; and
4. The address and hours where the public information files containing the proposed amendments can be viewed.
H. Planning Commission Consideration of Type III Amendments. The planning commission shall review all of the amendments included in the docket. The commission may also choose to review the comprehensive plan and propose additional amendments.
I. Recommendation of the Planning Commission. For all proposed amendments included in the docket, the planning commission shall develop findings of fact, conclusions and recommendations which consider the review criteria of this section.
J. The Planning Commission Recommendation. The planning commission findings of fact and conclusions shall include a recommendation to the city council that the proposed amendment(s) be denied, approved, or approved with conditions or modifications.
K. Council Hearing. The council shall apply the same criteria for review and approval as set forth for the planning commission in subsection (M) of this section.
1. The council will apply the same criteria for review and approval as that set forth for the planning commission in subsection (M) of this section.
2. The city council shall adopt any Type III amendments by ordinance. This final action on the docket should be taken, at least, by the second meeting in December of each year.
3. Type III amendments adopted by council ordinance shall be noted on the official zoning map by ordinance number, and be included in periodic revisions to said map.
4. Appeals of decisions of the city council on Type III amendments shall be made to superior court consistent with the procedures and requirements of SMC Title 20.
L. Considerations for Approval – Type III Amendments. Applications for Type III amendments shall be recommended and approved after consideration of the following items:
1. Whether circumstances related to the proposed amendment and/or the area in which it is located have substantially changed since the adoption of the Sequim comprehensive plan; and
2. Whether the assumptions upon which the Sequim comprehensive plan is based are no longer valid, or whether new information is available which was not considered during the adoption process or during previous annual amendments.
M. Criteria for Approval – Type III Amendments. In addition to the consideration of the conditions set forth in subsection (L) of this section, in order to recommend a proposed plan amendment which relates to a site-specific request, the council must find:
1. The proposed amendment meets concurrency requirements for transportation, sewer, water and parks, and does not adversely affect adopted levels of service standards for other public facilities and services such as police, fire, emergency medical services and governmental services;
2. The proposed amendment is consistent with the goals, policies and objectives of the Sequim comprehensive plan;
3. The proposed amendment will not result in probable significant adverse impacts to the planning area’s transportation network, capital facilities, utilities, parks, and environmental features which can not be mitigated and will not place uncompensated burdens upon existing or planned services;
4. In the case of an amendment to the comprehensive plan optimum land use map and official zoning map, that the subject parcels being redesignated are physically suitable for the allowed land uses in the designation being requested, including compatibility with existing and planned surrounding land uses and the zoning district locational criteria contained within the comprehensive plan;
5. The proposed amendment will not create a demand to change other land use designations of adjacent or surrounding properties, unless the change in land use designation for other properties is in the long-term interest of the community in general;
6. The proposed amendment is consistent with the Growth Management Act, the Clallam County county-wide planning policies and other applicable interjurisdictional policies and agreements, and/or other state or local laws;
7. The proposed amendment does not erode the purpose, goals and policies of the comprehensive plan; and
8. The proposed effect of approval of any individual amendment will not have a cumulative adverse effect on the planning area.
N. Transmittals to the State. The planning department will transmit a copy of any proposed amendments to the State Department of Community, Trade, Economic and Development (DCTED) at least 60 days prior to the expected date of final city council action on the proposed Type III amendments, consistent with Chapter 36.70A RCW. The planning department will transmit a copy of any adopted amendment to DCTED within 19 days of adoption by ordinance.
O. Appeals. All appeals to the adoption of an amendment to the comprehensive plan shall be filed with, and processed by, the Western Washington Growth Hearing Board in accordance with the provisions of Chapter 36.70A RCW.
P. Applications for Type III Amendments Located Within the Urban Growth Area and Outside of the City Limits. Council will consider applications for amendment of the comprehensive plan optimum land use map for those parcels located within the urban growth area, but outside of the city limits. Actions of the council will be forwarded to the Clallam County board of county commissioners with a recommendation for approval of zoning re-designation. (Ord. 2002-004 § 3; Ord. 97-019 § 4, Exh. B)
18.88.080 Map revisions.
Council shall order approved revisions to the comprehensive plan optimum land use map and the official zoning map at the conclusion of the annual review process. (Ord. 97-019 § 4, Exh. B)