Chapter 20.53
AMENDING THE COMPREHENSIVE PLAN
Sections:
20.53.020 Exceptions to the amendment process.
20.53.030 Submission deadlines.
20.53.050 Annual review process.
20.53.060 Initiation of amendments.
20.53.080 Amendment applications.
20.53.090 Staff reporting for proposed amendments.
20.53.140 Considerations for decision.
20.53.170 Transmittals to the state.
20.53.010 Purpose.
The purpose of this chapter is to establish procedures for amending the city of Shelton comprehensive plan, including the comprehensive plan text and land use map, as well as the land use, housing, capital facilities plan, utilities, transportation, economic, and park/recreation elements of the comprehensive plan. The Growth Management Act (GMA) generally allows amendments to comprehensive plans only once per year, except as otherwise provided in RCW 36.70A.130(2)(a), so that the cumulative impacts of all proposed amendments can be analyzed. This chapter is intended to provide a process to “docket” proposed amendments for annual review, to provide timelines, to identify public participation procedures, application requirements, and review criteria for consideration of amendments to the various comprehensive plans. (Ord. 1867-0315 § 2 (part), 2015: Ord. 1693-0307 § 1 (part), 2007)
20.53.020 Exceptions to the amendment process.
The city council may amend the comprehensive plan(s) 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 that does not modify the comprehensive plan policies and designations applicable to the subarea;
C. The adoption or amendment of a shoreline master program under the procedures set forth in Chapter 90.58 RCW;
D. The amendment of the capital facilities element of a comprehensive plan that occurs concurrently with the adoption or amendment of the city’s budget. (Ord. 1921-0518 (part), 2018; Ord. 1867-0315 § 2 (part), 2015: Ord. 1693-0307 § 1 (part), 2007)
20.53.030 Submission deadlines.
Proposed amendments to the comprehensive plan or land use plan map may be submitted at any time. Applications received by the last working day in March will be considered during the current annual review period, subject to RCW 36.70A.130. Applications received after the last working day in March will be considered during the next year’s annual review period. (Ord. 1867-0315 § 2 (part), 2015: Ord. 1693-0307 § 1 (part), 2007)
20.53.050 Annual review process.
Except as provided in RCW 36.70A.130, proposals for amendments to the comprehensive plan shall be considered by the city council no more frequently than once every calendar year. Proposals shall be considered concurrently so that the cumulative effect of all amendments may be ascertained. Environmental review (SEPA) shall be conducted on all amendments at the same time to consider the cumulative impacts of all amendments. 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. (Ord. 1921-0518 (part), 2018; Ord. 1867-0315 § 2 (part), 2015: Ord. 1693-0307 § 1 (part), 2007)
20.53.060 Initiation of amendments.
A. Who May Apply.
1. Any person may apply for an area-wide map amendment or a text amendment to the comprehensive plan.
2. A property owner or authorized agent of a property owner may apply for a site-specific amendment to the comprehensive plan.
3. Any person or group may informally suggest a comprehensive plan amendment to the city council and request their sponsorship for area-wide amendments. Agreement to sponsor such an amendment is at the discretion of the city council.
4. Amendment proposals submitted through the formal application process by private individuals or groups shall be deemed “privately initiated.” Privately initiated proposals shall not include those sponsored by the city council.
5. The city council, community development director, or other city staff may initiate consideration of an amendment to the comprehensive plan and submit it during the designated time period for applications. Such proposals shall be deemed “city-initiated.”
B. Three-Year Limitation. A specific property, policy topic or land use issue shall not be the subject of a comprehensive plan amendment proposal initiated by the public and reviewed by the city more frequently than once every three years, measured by three annual amendment cycles. When new property is added to a previously submitted, substantially similar amendment proposal due to geographic expansion by the city, the following shall apply:
1. If the original proposal was not selected for the final docket, the new proposal is not subject to the three-year limitation.
2. If the original proposal was selected for the final docket, but was not adopted pursuant to final city council review and action, the new proposal is subject to the three-year limitation.
D. Fees. Applications submitted by private individuals or groups are subject to fees as set forth in the current fee resolution. Proposals for which an applicant pays a fee that are rejected in the initial review shall be subject to refund as set forth in the current fee resolution. Applicants may also be responsible for fees related to environmental analysis and review (SEPA process) if these are required by the nature of the amendment. No fees shall apply to city-initiated amendment proposals.
It is highly recommended that applicants for amendments to the comprehensive plan contact the community and economic development department and arrange for a presubmission conference prior to submittal of an application for amendment. (Ord. 1921-0518 (part), 2018; Ord. 1867-0315 § 2 (part), 2015: Ord. 1693-0307 § 1 (part), 2007)
20.53.070 Docket.
Proposed amendments will be assigned an application number and placed on a docket. A current copy of the docket shall be maintained by the community and economic development department and shall be available for public inspection during regular city business hours. (Ord. 1867-0315 § 2 (part), 2015: Ord. 1693-0307 § 1 (part), 2007)
20.53.080 Amendment applications.
A. General Requirements. All land use map amendment applications shall be accompanied by a completed application form as provided by the city along with the following additional information where applicable:
1. Name and address of the person or persons proposing the amendment.
2. An environmental checklist (SEPA).
3. All associated fees as established by the city of Shelton.
4. A written statement explaining the following, where applicable:
a. The purpose of the proposed amendment;
b. How the amendment is consistent with the Washington State Growth Management Act;
c. How the amendment is consistent with the adopted countywide planning policies;
d. How the amendment furthers the purpose of the comprehensive plan;
e. How the amendment is internally consistent with the comprehensive plan, and other adopted city plans and codes;
f. How the amendments meet the approval criteria in Section 20.53.140.
5. Supplemental environmental review and/or critical areas review if determined by the community and economic development director to be required.
6. The proposed element, chapter, section, and page number of the comprehensive plan to be amended.
7. Proposed text changes, with new text shown in an underline format, and deleted text shown in strikeout format.
B. Map Amendment Requirements. Map amendments include changes to any of the several maps included in the comprehensive plan including, but not limited to, the land use map, critical areas maps, future roadways map, preferred freight route map, roadway functional classification maps, etc. All map amendment applications shall include the information specified under general application requirements. In addition, land use map amendment applications shall be accompanied by the following information:
1. The current land use map designation for the subject parcel(s).
2. The land use map designation requested.
3. A complete legal description describing the combined area of all the subject parcel(s).
4. A copy of the county tax assessor’s map of the subject parcel(s).
5. A vicinity map showing:
a. All land use designations within three hundred feet of the subject parcel(s).
b. All parcels within three hundred feet of the subject parcel and all existing uses of those parcels.
c. All roads abutting and/or providing access to the subject parcel(s) including information on road classifications (arterial, collector, access) and improvements to such roads.
d. Location of shorelines and critical areas on or within three hundred feet of the site, if applicable.
6. Mailing labels of all property owners within three hundred feet of the subject site, as listed on the county assessor’s tax roles. (The city may require the applicant at any time in the update process to submit updated mailing labels if the mailed notices are to be sent more than thirty days beyond the date the mailing labels were prepared.)
7. The location of existing utilities serving the subject parcels including electrical, water and sewer (including septic).
8. The location and uses of existing structures located on the subject parcel(s).
9. Topographical map of the subject parcels and abutting properties at a scale of a minimum of one inch represents two hundred feet.
10. The current official zoning map designation for the subject parcel(s).
11. A corresponding zoning map amendment application where necessary to maintain consistency between the land use and zoning maps. The rezone application will be processed concurrently with the comprehensive plan amendment as a legislative action.
12. Other information as may be required by the community and economic development director to assist in accurately assessing the conformance of the application with the standards for approval.
13. A description of any associated development proposals. (Ord. 1867-0315 § 2 (part), 2015: Ord. 1693-0307 § 1 (part), 2007)
20.53.090 Staff reporting for proposed amendments.
The director shall review the proposed amendments and prepare a report concerning which amendments the director believes should be forwarded for consideration by the city council during the annual amendment process. In addition to addressing the need, urgency, and appropriateness of each suggested amendment, the staff report shall include, but not be limited to, a consideration of the following:
A. The availability of sufficient CED staff to substantively review the suggested amendments and manage the public review process with available staff; and
B. Anticipated CED costs and budget for processing the suggested amendments. (Ord. 1921-0518 (part), 2018; Ord. 1867-0315 § 2 (part), 2015: Ord. 1693-0307 § 1 (part), 2007)
20.53.110 SEPA review.
The city is required to conduct a coordinated and concurrent SEPA review of all proposed amendments being considered in the current annual review period. Proposed comprehensive plan amendments are subject to the following:
A. Proportional Share of Costs. Individual applicants will be required to pay for their proportionate share of the costs involved in the SEPA analysis, which may include the preparation of an environmental impact statement if deemed necessary by the responsible SEPA official. If an EIS is deemed necessary, the city will contact the applicant(s) to provide them with an estimate on the cost of the EIS and will require the applicant(s) to pay their proportionate cost before proceeding with the preparation of the EIS. Lack of payment in the time specified by the city will be deemed a withdrawal of the nonpaying applicant’s application. If actual costs of the EIS exceed the estimated cost, the city may bill each applicant for their proportional share of the cost overrun. Payments exceeding actual costs shall likewise be reimbursed proportionately. If payments for all costs due to the city are not paid, the proposed comprehensive plan amendments of the nonpaying applicant shall not be approved.
B. Assessment of Impacts. The most intense use and development of the site allowed under the proposed zoning designation will be assumed when reviewing potential impacts to the environment and to public facilities. (Ord. 1867-0315 § 2 (part), 2015: Ord. 1693-0307 § 1 (part), 2007)
20.53.120 Public notice.
Public notice of proposed comprehensive plan amendments will be provided as follows:
A. Notice of Application. Within twenty-eight days of the annual submission deadline described in Section 20.53.030, the city shall issue a notice of application (NOA) pertaining to all applications that will be reviewed in the current calendar year amendment cycle. The NOA shall be published in the city’s officially designated newspaper and shall also be included on the city’s official website. For land use map amendment proposals, the NOA shall be mailed to all property owners within three hundred feet of the subject site.
B. Notice of Public Hearing. A notice of public hearing on proposed amendments to the comprehensive plan shall be published in the city’s officially designated newspaper and shall also be included on the city’s official website. For land use map amendment proposals the notice of public hearing shall be mailed to all property owners within three hundred feet of the subject site. Notices shall be both mailed and published at least seven days prior to the scheduled public hearing. (Ord. 1867-0315 § 2 (part), 2015: Ord. 1693-0307 § 1 (part), 2007)
20.53.130 Public hearing.
The city council shall review and consider all of the amendments included in the docket that were submitted in time for review during the current calendar year and forwarded for consideration by the planning director. The city council shall hold a public hearing on the proposed amendments and shall consider all public testimony received either during the hearing or submitted in writing prior to the hearing before making a final decision on the amendments. (Ord. 1921-0518 (part), 2018; Ord. 1867-0315 § 2 (part), 2015: Ord. 1693-0307 § 1 (part), 2007)
20.53.140 Considerations for decision.
Before rendering a decision on a comprehensive plan amendment proposal, the city council shall consider and make findings addressing the following items:
A. Whether circumstances related to the proposed amendment and/or the area in which it is located have substantially changed since the adoption of the comprehensive plan;
B. Whether the assumptions upon which the comprehensive plan is based are no longer valid, or whether new information is available which was not considered during the initial comprehensive plan adoption process or during previous annual amendments;
C. Whether the proposed amendments will result in overall residential capacities in the city or UGA that either exceed or fall below the projected need over the twenty-year planning horizon, or will result in densities that do not achieve acceptable urban densities;
D. Whether the proposed amendment is consistent with the goals, policies and objectives of the comprehensive plan;
E. Whether the proposed amendment will result in probable significant adverse impacts to the transportation network, capital facilities, utilities, parks, and environmental features which cannot be mitigated and will not place uncompensated burdens upon existing or planned services;
F. Whether, in the case of an amendment to the comprehensive plan land use map, 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 and zoning code;
G. Whether the proposed amendment will 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; and
H. Whether the proposed amendment is consistent with the Growth Management Act, the countywide planning policies and other applicable interjurisdictional policies and agreements, and/or other state or local laws. (Ord. 1921-0518 (part), 2018; Ord. 1867-0315 § 2 (part), 2015: Ord. 1693-0307 § 1 (part), 2007)
20.53.160 Adoption.
Comprehensive plan amendments shall be adopted by ordinance. (Ord. 1867-0315 § 2 (part), 2015: Ord. 1693-0307 § 1 (part), 2007)
20.53.170 Transmittals to the state.
The community development department will transmit a copy of any proposed amendments and adopted ordinances to the Washington State Department of Commerce pursuant to the requirements of RCW 36.70A.106. (Ord. 1867-0315 § 2 (part), 2015: Ord. 1693-0307 § 1 (part), 2007)
20.53.180 Appeals.
All appeals to the adoption of amendments to the comprehensive plan shall be filed with, and processed by, the Growth Management Hearings Board in accordance with the provisions of Chapter 36.70A RCW. (Ord. 1867-0315 § 2 (part), 2015: Ord. 1693-0307 § 1 (part), 2007)
20.53.200 Map revisions.
If land use map amendments are adopted, the city council shall order that the comprehensive plan land use map be amended to reflect the new amendments. (Ord. 1921-0518 (part), 2018; Ord. 1867-0315 § 2 (part), 2015: Ord. 1693-0307 § 1 (part), 2007)