(1) Purpose. The purpose of this chapter is to establish procedures for amendment of the town’s comprehensive plan map/text and the development regulations.

(2) Comprehensive Land Use Plan. The comprehensive land use plan is defined as the generalized, coordinated land use policy statement of the town, and the accompanying map, adopted under RCW 35.63.100.

(3) Development Regulations. The development regulations are the controls placed on development or land use activities by the town, as required by RCW 35.63.080, including, but not limited to, the town’s codes on zoning (this title), variances, conditional use permits, critical areas, planned unit developments, subdivisions, binding site plans and the shoreline master program. Pursuant to RCW 35.63.125, “development regulations” has the same meaning as set forth in RCW 36.70A.030.

(4) Types of Amendments. The applications that will be processed under this chapter as “legislative” are comprehensive plan amendments to the comprehensive plan map or policies and development regulation amendments.

(5) Process. The town is required to process such legislative amendments in this chapter under the procedures in Chapter 35.63 RCW (not Chapter 36.70B RCW). (Ord. 584, 2016)

(1) Director’s determination that the application is complete (CMC 18.07.050);

(2) SEPA (CMC 18.07.060);

(3) Notice of public hearing (CMC 18.07.070);

(4) Public hearing before the planning commission (CMC 18.07.080);

(5) Town council considers application (CMC 18.07.090); and

(6) Final decision (CMC 18.07.100). (Ord. 584, 2016)

(1) Who May Submit Applications. Any interested person, including property owners, citizens, board of adjustment members, staff of other agencies, planning commission and town council members, may submit an application for an amendment of a development regulation. Site-specific amendments to development regulations are quasi-judicial applications, which are processed according to Chapter 18.60 CMC.

(2) When Applications May Be Submitted. The text of the town’s adopted development regulations may be amended at any time; provided, that the amendment is consistent with the town’s comprehensive plan and land use map. (RCW 35.63.125.) Applications that do not include the information required in CMC 18.07.050 shall be returned to the applicant and shall not be processed until complete. (Ord. 584, 2016)

(1) An application form provided by the town;

(2) Name, address, phone number and e-mail of the applicant and if the applicant is not the property owner, proof of the property owner’s consent to the submission of the application;

(3) Name, address, phone number and e-mail of the owner of the property identified in the application (if applicable);

(4) A legal description of the property, if applicable;

(5) A description of the proposed amendment and any associated development proposals, if applicable. Formal site-specific or project-related amendments shall include plans, information and/or studies that accurately depict existing and proposed use(s) and improvements. Proposed site-specific or project-related amendments that do not specify proposed use(s) and potential impacts will be assumed to have maximum impact to the environment, public facilities and services;

(6) Proposed amendatory language, preferably shown in “bill” format (i.e., new language underlined; language proposed for deletion in strikeouts);

(7) An explanation of the rationale for the proposed amendment;

(8) An explanation of how the proposed amendment and associated development proposal(s) if any, conform to, conflict with, or relate to the criteria set forth in CMC 18.07.150;

(9) A completed SEPA checklist including the supplement sheet for nonproject actions (if applicable);

(10) Application fee as set forth in the town’s resolution adopted for this purpose; and

(11) Any additional information reasonably deemed necessary by the public works director or designee to evaluate the proposed amendment. (Ord. 584, 2016)

(1) Notice of any public hearing on an application for an amendment to a development regulation process set forth in this chapter shall be given by one publication in the official newspaper of the town at least 10 days prior to the date of the hearing and by posting a copy of the notice of public hearing in Town Hall and on the town’s website. Additional notice may be required by state or local law (e.g., statutory notice requirements for amendments to the shoreline master program), or additional notice may be provided as deemed appropriate by the town public works director or designee.

(2) The public notice shall include the following:

(1) Legislative Amendments to the Comprehensive Plan. The town public works director or designee is authorized to administer the provisions of this chapter. The planning commission shall have the authority to hold the public hearing on any proposed comprehensive plan amendment(s), and to provide a recommendation to the town council. The town council shall consider the planning commission’s recommendation during a public meeting or a public hearing and make a final decision.

(2) Development Agreement. A legislative amendment to the comprehensive plan that is site-specific may be approved subject to the execution, delivery and recording of a development agreement between the town council and the property owner of the subject property (or the legal owner of a beneficial interest in the subject property). The development agreement may impose conditions to address the criteria set forth in CMC 18.07.150, and approval of the comprehensive plan amendment shall be conditioned upon performance or compliance with the terms and conditions of the development agreement. The town may revoke (or take other action allowed by law) a comprehensive plan amendment executed with a development agreement for failure to comply with the development agreement. An applicant proposing a comprehensive plan amendment with a development agreement shall submit the proposed development agreement with the application materials described in CMC 18.07.050. The town will evaluate the proposed development agreement together with the proposed comprehensive plan amendment to determine whether the amendment should be approved. (Ord. 584, 2016)

(1) Who May Submit Applications for Amendments Related to a Site-Specific Development Proposal. Proponents of land development projects and/or property owner(s) or their authorized representative(s) may file an application for an amendment to the comprehensive plan relating to a site-specific proposal. The complete application shall consist of the materials described in CMC 18.07.050. The application filing fee as set forth in the town’s fee resolution shall accompany the application, which shall also require the applicant to pay for the applicant’s portion of the SEPA review attributable to the application.

(2) Who May Suggest Amendments. Any interested person, including property owners, citizens, board of adjustment, staff of other agencies, planning commission and town council members, may suggest an amendment to the comprehensive plan. Generally, suggested amendments should be limited to proposals that broadly apply to the goals, policies and implementation strategies of the comprehensive plan rather than amendments designed to address site-specific issues of limited applicability.

(3) Amendments Processed at the Town’s Discretion. The town shall have the discretion to determine the timing of town’s processing of amendments to the town’s comprehensive plan.

(4) Complete Application. Applications that do not include the information required under CMC 18.07.050 for a complete application, or which are not received by the deadline set forth in this section, shall not be processed. (Ord. 584, 2016)

(1) All proposed amendments shall be reviewed and assessed by the planning commission, which shall make a recommendation to the town council after holding at least one public hearing.

(2) After the public hearing(s), the planning commission shall develop findings and conclusions to support its recommendation to the town council that the proposed amendment(s) be denied, approved, or approved with conditions or modifications. (Ord. 584, 2016)

(1) All Amendments. All of the amendments shall be reviewed under the following criteria:

(2) Amendments for Site-Specific Proposals. In addition to the above, any proposal for a site-specific development or amendment shall be reviewed under the following criteria: