Chapter 20.48
AMENDMENTS
Sections:
20.48.040 Review criteria for site specific rezones.
20.48.045 Review criteria prezones, area wide rezones and text amendments.
20.48.050 Record of amendments.
20.48.060 Limits on reapplication.
20.48.100 Comprehensive plan/subarea plan adoption and amendments.
20.48.200 Docketing – Comprehensive plan/development regulations amendment suggestion procedure.
20.48.010 Purpose.
The purpose of this section through Section 20.48.060 is to establish the procedures to amend the zoning text and/or map when the proposed change will benefit the general welfare of the community and is consistent with the goals, objectives and policies of the Comprehensive Plan as amended.
A. From time to time a change in circumstance or condition may warrant a change in the Zoning Code consistent with any changes made in the Comprehensive Plan.
B. There are four types of zoning related amendments:
1. Area-Wide Rezone. Legislative approval of land reclassification in an area. An “area-wide rezone” is a change in the Official Zoning Map.
2. Site-Specific Rezone. A reclassification of land from one zoning district to another, allowing a change in the range of permitted uses on a specific piece of property. A “site-specific rezone” is a change in the Official Zoning Map.
3. Zoning Code Text Amendment. A change of the text, standards, procedures or other provisions of this code.
4. Prezone. A prezone provides a zone designation for land to be annexed to the city. Upon annexation the official zoning map is changed to reflect the addition. (Ord. 2021-46 § 8, 2021; Ord. 2008-06 § 66, 2008).
20.48.020 Who may initiate.
A. Amendments may be initiated by:
1. The city council;
2. The city manager;
3. The planning commission;
4. The zoning administrator;
5. Any person requesting amendment to the text of this code;
6. Any property owner or contract purchaser or authorized agent requesting a rezone of his property; or
7. Any property owner(s) requesting annexation to the city.
20.48.030 Procedure.
A. A site-specific rezone is a quasi-judicial process which requires a Level IV development authorization. Applications shall follow the processing procedures prescribed in Chapter 20.27. Area wide rezones and text amendment are legislative processes which require a Level V action.
B. The hearing examiner is the reviewing body/hearing body for a site-specific rezone. Following a public hearing on the proposal, the hearing examiner’s recommendation will be sent to the city council for its consideration. The planning commission is the reviewing body/hearing body for a text amendment or an area wide rezone. Following a public hearing on the proposal, the planning commission’s recommendation will be sent to the city council for consideration and final decision.
C. The city council is responsible for the approval or denial of a rezone or text amendment. When considering a rezone request or a text amendment, the city council will act on the request at a public meeting upon the hearing record of the initial reviewing body.
D. Prezones require two public hearings at least thirty days apart before the city council. (Ord. 2008-06 § 67, 2008: Ord. 00-6 § 2(part), 2000: Ord. 97-14 § 46, 1997: Ord. 95-5 § 1(part), 1995).
20.48.040 Review criteria for site specific rezones.
The decision on a proposed amendment shall be based on findings as they relate to the following:
A. The proposal is consistent with and implements the Walla Walla Urban Area Comprehensive Plan as amended and the intent of this code.
B. The property in question is suitable for uses permitted under the proposed zoning amendment.
C. Public facilities such as roads, sewer and water and other public facilities are adequate to support the proposed amendment.
D. The proposed zone change and associated uses are compatible with neighboring land uses. (Ord. 2008-06 § 68, 2008: Ord. 00-6 § 2(part), 2000: Ord. 97-14 § 47, 1997).
20.48.045 Review criteria prezones, area wide rezones and text amendments.
The decision on a prezone, area wide rezone, or text amendment shall be based on a legislative finding upon whether or not the proposal is consistent with and implements the Walla Walla Urban Area Comprehensive Plan. (Ord. 2008-06 § 69, 2008).
20.48.050 Record of amendments.
All amendments to the zone code will be recorded and indexed in the development services department according to Section 20.14.100 of this code. (Ord. 2008-24 § 14, 2008).
20.48.060 Limits on reapplication.
No application for a text or map amendment shall be considered within one year of denial of the same or similar request, unless in the opinion of the Planning Commission or the City Council new evidence or circumstances warrant reconsideration within that time.
20.48.100 Comprehensive plan/subarea plan adoption and amendments.
A. Comprehensive plan and subarea plan provisions and designations regarding the city, and amendments thereto, shall be processed in accordance with RCW 35A.63.070, 35A.63.071, 35A.63.072, 35A.63.073, and Chapter 36.70A RCW. Public notice and participation shall be provided in accordance with the notice and hearing requirements of this title. The planning commission shall, following public hearing, forward its recommendation to the city council for consideration and decision. The Walla Walla city council shall conduct a public hearing upon a plan or amendment proposal prior to taking action thereon. City council adoption shall constitute final action upon the provisions and designations which regard the city. The city council may, in its discretion, accept additional public comment at any time before final action is taken; however, an additional opportunity for review and comment upon a plan or amendment proposal is not required after the public hearing is closed unless the city council chooses to consider a change to the draft which was available for public review and comment after the opportunity for review and comment on the draft has passed and none of the exceptions below apply. An additional opportunity for public review and comment upon such a change is not required if:
1. An environmental impact statement has been prepared for the proposal and the change is within the range of alternatives considered in the impact statement;
2. The change is within the scope of alternatives available for public comment;
3. The change only corrects typographical errors, corrects cross-references, makes address or name changes, or clarifies language of the proposal without changing its effect;
4. The change relates to a capital budget decision; or
5. The change is to a moratorium or interim control.
B. Comprehensive plan and subarea plan provisions and designations regarding only the unincorporated urban growth area, and amendments thereto, shall be processed in accordance with the Walla Walla County Code.
C. Comprehensive plan and subarea plan provisions regarding both the city and the unincorporated urban growth area, and amendments thereto, shall be processed by the city as provided in subsection A of this section. City council adoption shall constitute final action upon the provisions and amendments regarding their application within the city and recommendation to the county commissioners regarding their application in the unincorporated urban growth area. Recommendations with respect to the unincorporated urban growth area shall be thereafter processed in accordance with the Walla Walla County Code.
D. The city’s action on a comprehensive plan adoption or amendment proposal shall be based on legislative findings upon whether or not the proposal conforms with Chapter 36.70A RCW.
E. The city’s action on a subarea plan adoption or amendment proposal shall be based on legislative findings upon whether or not the proposal is consistent with the comprehensive plan. (Ord. 2021-46 § 9, 2021).
20.48.200 Docketing – Comprehensive plan/development regulations amendment suggestion procedure.
A. In accordance with RCW 36.70A.470, suggested changes to the comprehensive plan or development regulations which are not specific to any site or project based may be submitted by any individual, organization or general or special purpose government. A list of such suggestions shall be known as the “docket” and is the means to suggest a change or identify a deficiency, such as the absence of required or potentially desirable content in the comprehensive plan or development regulations. An item may be submitted to the docket at any time during the calendar year. There is no fee associated with submitting an item to the docket.
B. Suggested changes must be submitted in writing to the department and shall address the criteria outlined in subsection D of this section.
C. Suggestions received by March 31st will be considered in the city’s annual comprehensive plan and zoning code amendment cycle. The department will review such suggestions with the city council and determine whether to direct them to the planning commission for further consideration. The city council may decline to consider any item from the docket.
D. Suggested amendments on the docket may be considered appropriate for action if the following criteria are met:
1. Addresses a matter appropriate for inclusion in the comprehensive plan or development regulations.
2. Demonstrates a strong potential to serve the public interest.
3. Addresses the interests and changed needs of the entire city.
4. Does not raise a policy or land use issue(s) that may be more appropriately addressed by an ongoing work program.
5. Can be reasonably reviewed and evaluated, given existing staff and budget resources.
6. Has not been acted upon by the city council in the last three years.
E. Any item on the docket that is not determined to be appropriate for action may be proposed under Sections 20.48.010 through 20.48.060 (zoning text and/or map amendments) or Section 20.48.100 (comprehensive plan amendments), provided it is timely and properly filed. (Ord. 2021-46 § 9, 2021).