Chapter 18.60
TEXT AMENDMENTS AND REZONES
Sections:
18.60.015 Site-specific rezones.
18.60.025 Comprehensive plan amendments/compilation of proposals for annual review.
18.60.030 Application resubmittal.
18.60.050 Notification of city council decision.
18.60.010 Initiation.
A. Amendments or modifications to the text of this title or any general area rezones may be initiated as follows:
1. By the planning commission; or
2. By the city council.
B. Applications for site-specific rezones may be initiated as follows:
1. By the planning commission; or
2. By the city council; or
3. By the property owner(s), as follows: by filing with the community development director an application form signed by all owner(s) of the property setting forth the proposed rezone, which application shall be on a standard form as prescribed by the community development department. The application form shall be accompanied by a fee as established by resolution of the city council to help defray the cost of processing the application, no part of which is refundable.
C. Text amendment to the comprehensive plan may be initiated as follows:
1. By the city council; or
2. By the planning commission; or
3. By the property owner(s) and Tumwater citizens, who may request specific comprehensive plan text amendments from either the city council or planning commission, for consideration in the annual amendment cycle.
D. Application for map amendment to the comprehensive plan may be initiated as follows:
1. By the city council; or
2. By the planning commission; or
3. By the property owners for the parcel(s) for which a map amendment is being sought, by filing with the community development director an application for comprehensive plan map amendment signed by all property owner(s), which application should be on a standard form as provided by the community development department. The application form shall be accompanied by a fee as established by resolution of the city council to help defray the cost of processing the application, no part of which is refundable.
(Ord. O2011-002, Amended, 03/01/2011; Ord. O2007-022, Amended, 02/05/2008; Ord. O2006-001, Amended, 03/07/2006; Ord. O2000-019, Amended, 12/19/2000; Ord. O95-035, Amended, 12/19/1995; Ord. 1259, Amended, 11/06/1990; Ord. 1147, Amended, 12/15/1987; Ord. 883, Added, 05/06/1984)
18.60.015 Site-specific rezones.
Applications for site-specific rezones required as a result of a proposed comprehensive plan amendment shall be processed with the proposed comprehensive plan amendment as set forth in TMC 14.08.030.
(Ord. O96-024, Amended, 09/17/1996; Ord. O95-035, Amended, 12/19/1995; Ord. 1259, Added, 11/06/1990)
18.60.020 Procedure – Notice.
A. Proposed text amendments, or comprehensive plan amendments and associated requests for rezone shall first be heard by the planning commission and the recommendation of the planning commission shall be forwarded to the city council. The city shall hold a public hearing on any such proposed amendments. Notice of a public hearing which shall be equally applied to all applications and applicants shall be given as follows:
1. By publishing in the official newspaper of general circulation not less than ten days prior to the date of the hearing. The publication shall specify the time and place of the hearing and the nature of the matter before the hearing body.
2. By posting copies of the notice in conspicuous places at or near the location of the proposal.
3. By publishing a press release, identifying the date, time, place and subject of the hearing, to be distributed to other local news media.
4. By distributing public hearing notices to interested individuals and entities who have requested to receive such notices.
5. In addition to the notice procedure set out in subsections (A)(1) and (2) of this section and at the discretion of the city council, additional announcement of the public hearing may be given by radio and/or press advertisement or other method as deemed appropriate and/or necessary.
B. In addition to the notices of public hearing required in subsection A of this section, the following additional notice will be provided for site specific comprehensive plan changes and map amendments (rezones) only:
1. Copies of the notice of hearing, by U.S. mail postage prepaid, not less than ten days prior to the date of the hearing, to all owners of property under consideration, as well as property owners within three hundred feet of the exterior boundaries of the property under construction. In order to effectuate said notice, the city will use the names and addresses of owners as shown on the records of the Thurston County assessor.
(Ord. O2018-007, Amended, 10/16/2018; Ord. O2013-025, Amended, 01/07/2014; Amended during 2011 reformat; O2006-001, Amended, 03/07/2006; Ord. O96-024, Amended, 09/17/1996; Ord. O95-035, Amended, 12/19/1995; Ord. 1259, Amended, 08/20/1990; Ord. 883, Added, 05/06/1984)
18.60.025 Comprehensive plan amendments/compilation of proposals for annual review.
A. Scheduling.
1. The community development director or his/her designee shall compile and maintain a preliminary docket of proposed changes to the city’s comprehensive plan and/or development regulations suggested by any interested person, including the city’s hearing examiner and staff of other agencies, for at least annual consideration by the city council. The preliminary docket shall undergo initial review by the planning commission for recommendation to the city council. The city council will make the final determination on which requested changes will be included on the final docket before being referred to the planning commission for formal review and recommendation. The final planning commission recommendation on a proposed change to the city’s comprehensive plan and/or development regulation shall be available for public view at least thirty days prior to action by the city council.
2. Proposed amendments to this comprehensive plan, and corresponding site-specific rezones, will be considered no more than once per year, and all proposals will be considered concurrently so the cumulative effect of the various proposals can be determined.
3. Comprehensive plan text amendments can be initiated by the city council or planning commission, according to TMC 18.60.010. Property owners, citizens, or government agencies can request comprehensive plan text amendments for annual consideration by the planning commission and city council, according to TMC 18.60.010(C).
4. Comprehensive plan map amendments can be initiated by the city council, planning commission or property owners, according to TMC 18.60.010.
5. In the case of requests for comprehensive plan amendments from citizens or property owners, or for site-specific rezone applications, such suggestions or applications shall be submitted no later than the first Monday in December each year, for consideration as soon thereafter as practicable.
6. The city may adopt amendments more frequently than once per year if an emergency exists and findings are adopted by the city council demonstrating that the emergency meets all of the following criteria:
a. The circumstances of the emergency request, if processed within the normal amendment cycle, will result in delays that contribute to significant imminent impact on the community in general, or a specific neighborhood; and
b. The emergency request relates to an issue or issues of a community or neighborhood-wide significance beyond the interests of a particular property owner; provided, that an emergency request pertaining to an individual property may be considered if findings reveal that significant imminent impacts to the community or specific neighborhood would result from the individual property.
B. Criteria to Be Considered.
1. All amendments to the comprehensive plan must conform with the requirements of the Washington State Growth Management Act, Chapter 36.70A RCW, and all amendments for permanent changes to the comprehensive plan must be submitted to the Washington State Department of Commerce, pursuant to RCW 36.70A.106.
2. Text amendments and site-specific rezone applications should be evaluated for internal consistency with the comprehensive plan, and for consistency with the county-wide planning policies, related plans, and the comprehensive plan of Thurston County or cities which have common borders with Tumwater.
3. Whether conditions in the area for which comprehensive plan change/zoning amendment is requested have changed or are changing to such a degree that it is in the public interest to encourage a change in land use for the area.
4. Whether the proposed comprehensive plan zoning amendment is necessary in order to provide land for a community-related use which was not anticipated at the time of adoption of the comprehensive plan.
(Ord. O2013-010, Amended, 10/15/2013; Amended during 2011 reformat; O2011-002, Amended, 03/01/2011; Ord. O2007-022, Amended, 02/05/2008; Ord. O2006-001, Amended, 03/07/2006; Ord. O2000-019, Amended, 12/19/2000; Ord. O2000-004, Amended, 07/18/2000; Ord. O96-024, Added, 09/17/1996)
18.60.030 Application resubmittal.
An application for a site-specific rezone which has been denied by the city council shall not be resubmitted within twenty-four months of the date of denial. This shall not preclude an application, after incorporating substantial changes as determined by the administrative official, from being submitted as a new application.
(Ord. O2006-001, Amended, 03/07/2006; Ord. O95-035, Amended, 12/19/1995; Ord. 883, Added, 05/06/1984)
18.60.040 Zoning amendments.
Requests for zone changes shall be reviewed and decided as set forth in TMC 14.08.030 and shall be processed in accordance with the procedures and notice requirements set forth in TMC 18.60.020.
(Ord. O96-024, Added, 09/17/1996)
18.60.050 Notification of city council decision.
Within seven days following the decision of the city council granting or denying the application, the applicant shall be notified of the decision in writing. Such written notification shall include the conditions of approval or findings of denial, whichever is applicable.
(Amended during 2011 reformat; O95-035, Amended, 12/19/1995; Ord. 883, Added, 05/06/1984)
18.60.060 Comprehensive plan.
Any amendment to the comprehensive plan shall be processed pursuant to the following sections:
A. After preparing the comprehensive plan, or successive parts thereof, the planning commission shall hold at least one public hearing. Notice shall be provided according to the requirements of TMC 18.60.020.
B. Upon completion of the hearing(s) on the comprehensive plan, or successive parts thereof, the planning commission, after making such changes as it deems necessary, shall forward its recommendation to the city council for their final action.
C. The final form and content of the comprehensive plan shall be determined by the city council after consideration of the planning commission’s recommendation at a public meeting. The comprehensive plan amendments, as approved and adopted by the legislative body, shall be filed with the city community development department and city clerk, and shall be available for public inspection.
(Ord. O2019-007, Amended, 09/03/2019; Ord. O2011-002, Amended, 03/01/2011; Ord. O2006-001, Amended, 03/07/2006; Ord. O95-035, Amended, 12/19/1995; Ord. 883, Added, 05/06/1984)
18.60.065 Fees.
Fees as established by resolution of the city council are charged for the following petitions:
A. Comprehensive plan amendment – map change.
B. Site-specific rezone application.
(Ord. O2006-001, Amended, 03/07/2006; Ord. O95-035, Amended, 12/19/1995; Ord. 1147, Amended, 12/15/1987; Ord. 883, Added, 05/06/1984)