Chapter 17.76
AMENDMENTS AND REZONING
Sections:
17.76.020 Initiation of amendments.
17.76.030 Notice requirements.
17.76.040 Findings and recommendations.
17.76.010 Purpose.
From time to time, a change in circumstance or condition may warrant a change in the zoning text or map created by this title. The purpose of this chapter is to establish the procedures to amend the zoning text and/or map when the proposed change would be consistent with the goals, policies, and intent of the comprehensive plan. [Ord. 2023-28 § 1 (Exh. B), 2023; Ord. 1272 § 17-7-1, 1980.]
17.76.020 Initiation of amendments.
A. Zoning Map.
1. Any person, firm, corporation, group of individuals, or municipal department may petition for a zone change with the following exceptions:
a. If the person, firm, corporation or group of individuals does not have legal ownership of the parcel of land under consideration for rezoning, the petition shall not be accepted. All petitions submitted must contain the signature of the legal owner of the property. The legal owner is considered to be the owner of record.
b. A person, firm, corporation or group of individuals may not submit, in any one year, more than one petition requesting a zone change from the property’s present zone to another particular zone for the same parcel of land; provided, within the one-year period, a person, firm, corporation or group of individuals may submit another petition requesting a zone change from the property’s present zone to a zone other than the zone previously requested in the earlier petition.
2. The Hearing Examiner may initiate an open record hearing on the reclassification of a parcel or parcels of property and render a recommendation to the City Council in accordance with Chapter 2.46 SMC and SMC Title 19.
B. Text.
1. The Hearing Examiner may initiate an open record hearing and render a recommendation to the City Council for a text amendment in accordance with Chapter 2.46 SMC and SMC Title 19.
2. Any resident or property owner within the Sunnyside urban area may petition the City Council for a text amendment. [Ord. 2023-28 § 1 (Exh. B), 2023; Ord. 2172 § 1, 2007; Ord. 1767 § 1, 1991; Ord. 1426 § 1, 1983; Ord. 1334 § 1, 1981; Ord. 1272 § 17-7-2, 1980.]
17.76.030 Notice requirements.
Notice requirements shall conform to those contained in SMC Title 19, Administration of Development Regulations. [Ord. 2023-28 § 1 (Exh. B), 2023.]
17.76.040 Findings and recommendations.
Upon receipt of a complete application for a rezone, the Planning Division shall forward the application to the Hearing Examiner or City of Sunnyside Planning Commission for public hearing and review; provided, that rezone applications initiated by the City to implement a newly adopted or amended comprehensive plan, or which are of broad general applicability, shall be heard by the City of Sunnyside Hearing Examiner or Planning Commission under the provisions of Chapter 36.70 RCW. The public hearing shall be held and notice provided under the provisions of SMC Title 19. The applicant shall appear in person or by agent or attorney. Failure to do so shall constitute sufficient cause for continuance or denial of the requested action. Other parties may appear in person or by agent or attorney, or may submit written comments.
A. After completion of an open record hearing on a petition for reclassification of property, the Hearing Examiner or Planning Commission shall make and enter findings from the records and conclusions thereof which support its recommendation and find whether or not:
1. The proposal is in accord with the goals and policies of the comprehensive plan.
2. The effect of the proposal on the immediate vicinity will be materially detrimental.
3. There is merit and value in the proposal for the community as a whole.
4. Conditions should be imposed in order to mitigate any significant adverse impacts from the proposal.
5. A development agreement should be entered into between the City and the petitioner and, if so, the terms and conditions of such an agreement.
B. Notice of the Hearing Examiner’s or the City of Sunnyside Planning Commission’s recommendation shall be mailed to the applicant at the address provided on the application form. The decision of the Hearing Examiner or the City of Sunnyside Planning Commission on rezone applications shall constitute a recommendation to the legislative body.
C. Action by the Legislative Body. Upon receipt of the Hearing Examiner’s or the City of Sunnyside Planning Commission’s recommendation on a proposed rezone, the legislative body shall hold a public meeting and affirm or reject the Hearing Examiner’s or the City of Sunnyside Planning Commission’s decision.
The legislative body shall conduct its own public hearing when it rejects the recommendation of the Hearing Examiner, the City of Sunnyside Planning Commission, or desires additional public testimony. Notice of the public hearing shall be given in the manner set forth in SMC Title 19. In either case, the findings of the legislative body shall include the considerations established in subsection (D) of this section.
D. Development Agreement. Conditions may be proposed in order to mitigate any detrimental effect the rezone might have on uses or property in the immediate vicinity. Any conditions imposed by the City shall be incorporated in a development agreement executed by the City Council and the property owner(s), under the procedures set forth in RCW 36.70B.170 through 36.70B.200.
E. Time Limit and Notification. Proposed amendments shall be decided by the legislative body as soon as practicable and the applicant shall be notified in writing whether the rezone has been granted or denied. [Ord. 2023-28 § 1 (Exh. B), 2023.]
17.76.050 Appeals.
The decision of the legislative body shall be final and conclusive unless within 21 days from the date of final action an aggrieved party obtains an appropriate writ of judicial review from the Yakima County Superior Court for the purpose of reviewing the action taken. The appellant shall provide, or pay the cost of preparing, a verbatim transcript of the proceedings required for judicial review. With the consent of the Superior Court, the parties may agree to provide a verbatim audio record of the proceedings for review by the Superior Court. [Ord. 2023-28 § 1 (Exh. B), 2023.]