Chapter 21.88
COMPREHENSIVE PLAN AMENDMENT PROCEDURES
Sections:
21.88.040 Annual amendment process.
21.88.050 Outside the annual amendment process.
21.88.060 Amendment submittal.
21.88.090 State Environmental Policy Act review.
21.88.110 Public participation.
21.88.010 Purpose.
This chapter establishes a mechanism for amending the Woodinville Comprehensive Plan. It provides for simultaneous review of proposals to allow cumulative impact analysis of all applications on a City-wide basis and honors the community’s long-term investment in the Comprehensive Plan, through public participation. (Ord. 683 § 5 (Att. C), 2019)
21.88.020 Applicability.
This chapter applies to text amendments to the language of the Comprehensive Plan and/or to amendments of the Comprehensive Plan land use map. (Ord. 683 § 5 (Att. C), 2019)
21.88.030 Initiation.
An amendment to the text of the Comprehensive Plan or an amendment to the Comprehensive Plan land use map may be initiated by any person or entity. (Ord. 683 § 5 (Att. C), 2019)
21.88.040 Annual amendment process.
The City Council shall consider amendments to the Woodinville Comprehensive Plan no more than once each calendar year, except as provided in WMC 21.88.050. (Ord. 683 § 5 (Att. C), 2019)
21.88.050 Outside the annual amendment process.
The City Council may consider amendments to the Comprehensive Plan outside of the annual amendment process set forth in WMC 21.88.040 for the following:
(1) The initial adoption of a subarea plan that clarifies, supplements, or implements Comprehensive Plan policies and have had cumulative impacts addressed pursuant to WMC 21.88.080;
(2) The adoption or amendment of a shoreline master program under the procedures set forth in Chapter 90.58 RCW;
(3) The amendment of the capital and public facilities element of a comprehensive plan that occurs concurrently with the adoption or amendment of the City’s budget;
(4) The adoption of Comprehensive Plan amendments necessary to enact a planned action under RCW 43.21C.031(2); and
(5) Whenever an emergency exists or to resolve an order from the Central Puget Sound Growth Management Hearings Board or Court. (Ord. 683 § 5 (Att. C), 2019)
21.88.060 Amendment submittal.
(1) Applications to amend the Comprehensive Plan shall be submitted to the City.
(2) Applications shall be assigned to a docket consisting of all comprehensive plan amendment applications received during the preceding 12 months from the date prescribed in subsection (3) of this section. A current copy of the docket shall be maintained by the City and shall be available for public inspection during regular business hours.
(3) An application must be received by the City by the last business day in September to be included in the upcoming annual amendment process. Applications received after this deadline shall be placed on the next docket for the following annual amendment process, except as provided in subsection (4) of this section.
(4) The Director may, at his or her sole discretion, accept applications filed after the deadline if review has not begun on the pending applications and acceptance of the late application will not have a significant impact on the processing of the pending applications. (Ord. 683 § 5 (Att. C), 2019)
21.88.070 Application.
This section shall not apply to Comprehensive Plan amendments initiated by the City Council, Planning Commission, or City staff. All other applicants shall submit an application on a form provided by the City and include the following information:
(1) Name and address of the person or persons proposing the amendment;
(2) A completed environmental checklist (SEPA);
(3) A description and/or map of the proposed amendment;
(4) A written statement explaining the following:
(a) The purpose for 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 County-wide planning policies; and
(d) How the amendment furthers the purpose of the City’s Comprehensive Plan.
(5) An application fee set forth in the fee schedule. Additionally, the applicant may be responsible for costs pursuant to WMC 21.88.090. (Ord. 683 § 5 (Att. C), 2019)
21.88.080 Cumulative effects.
Except as otherwise provided in WMC 21.88.050, all proposed annual amendments to the Comprehensive Plan shall be considered concurrently so the cumulative effect of the various proposals can be ascertained. The analysis of the cumulative effects shall be conducted under State Environmental Policy Act (SEPA) review prescribed in WMC 21.88.090. (Ord. 683 § 5 (Att. C), 2019)
21.88.090 State Environmental Policy Act review.
(1) After each January 7th, the City’s responsible official shall review the cumulative environmental effect of all proposed Comprehensive Plan amendments, pursuant to the State Environmental Policy Act (Chapter 43.21C RCW).
(2) If the responsible official determines that a draft final or supplemental environmental impact statement (EIS) or other appropriate environmental review is warranted, applicants may be responsible for a full or proportionate share of the costs to prepare the environmental analysis as determined by the responsible official.
(3) Payment of a full or proportionate share of the costs to prepare the environmental analysis does not guarantee the proposed Comprehensive Plan amendment will be approved. (Ord. 683 § 5 (Att. C), 2019)
21.88.100 Review procedures.
(1) The City staff shall prepare a report on the submitted amendments to be presented to the Planning Commission. Amendments not initiated by the City shall be presented as submitted unless the applicant agrees otherwise.
(2) The Planning Commission shall hold at least one public hearing on the docket of amendments. Notice of hearing shall be provided pursuant to WMC 21.88.120.
(3) After considering each amendment on the docket, the Planning Commission shall vote and transmit to the City Council a written recommendation on each amendment. The Planning Commission may modify City-initiated amendments but may not modify amendments initiated by other entities unless the applicant agrees otherwise.
(4) Within 60 days of receipt of the Planning Commission’s recommendations, the City Council at a public meeting shall consider the same.
(a) The City Council may schedule public hearings as necessary to consider the Planning Commission’s recommendations.
(b) If the City Council makes a substantial modification to the Planning Commission’s recommendation, and the modification was not previously considered by the Planning Commission, at least one public hearing shall be held on the modification prior to the City Council acting on the amendment.
(5) The City Council shall vote to approve, modify and approve, or deny each of the Planning Commission’s recommendations, or the City Council may remand an amendment to the Planning Commission for further proceedings. If an amendment is remanded, the City Council shall specify the time within which the Planning Commission shall report back to the City Council its findings and recommendations on the matters referred to it.
(6) The procedures in this section shall constitute the minimum necessary and nothing in this section shall prohibit the City from requiring additional procedures that allow for more effective public participation. (Ord. 683 § 5 (Att. C), 2019)
21.88.110 Public participation.
(1) Pursuant to RCW 36.70A.140, the City’s efforts to amend the Comprehensive Plan shall include early and continuous public participation.
(2) The City shall provide broad dissemination of proposals and alternatives, opportunity for written comments, public meetings after effective notice, provision for open discussion, communication programs, information services, and consideration of and response to public comments. Notice shall be reasonably calculated to provide notification to property owners and other affected and interested individuals, tribes, government agencies, businesses, school districts, and organizations of proposed amendments to the Comprehensive Plan. (Ord. 683 § 5 (Att. C), 2019)
21.88.120 Notice.
(1) Published notice of a public hearing shall be given in a newspaper of general circulation within the City boundaries at least 15 calendar days prior to the hearing date. However, subsequent hearing dates on the same proposal being considered by the same hearing body do not require additional publication of notice.
(2) Posted notice shall be given in the same manner as Planning Commission and City Council regular meetings.
(3) The content of the notice shall include:
(a) The time and place of the public hearing;
(b) A purpose statement which succinctly describes the proposal;
(c) A statement of the right of any person to submit written comments and to appear at the public hearing and give comments orally; and
(d) A statement of the availability of the official file.
(4) The requirements for notice shall not limit the City’s ability to providing additional means of noticing.
(5) Notice of the Comprehensive Plan amendment shall be transmitted to State agencies consistent with RCW 36.70A.106. (Ord. 683 § 5 (Att. C), 2019)
21.88.130 Approval criteria.
The City Council may amend the Comprehensive Plan if it finds:
(1) The amendment is consistent with the Growth Management Act (Chapter 36.70A RCW);
(2) The amendment is consistent with County-wide planning policies;
(3) The amendment does not conflict with other goals, policies, and provisions of the Woodinville Comprehensive Plan;
(4) The amendment is compatible with existing or planned land uses and the surrounding development pattern; and
(5) The amendment will result in long-term benefit to the community as a whole and advances the public interest of the community. (Ord. 683 § 5 (Att. C), 2019)
21.88.140 Appeal.
City Council action on an ordinance to adopt amendments to the Woodinville Comprehensive Plan is a final decision but may be reviewable by filing a petition for review with the Central Growth Management Hearings Board in accordance with RCW 36.70A.290, except as otherwise provided by law. (Ord. 683 § 5 (Att. C), 2019)