Deer Park City Zoning Code
CHAPTER 18
14 COMPREHENSIVE PLAN AND URBAN GROWTH AREA AMENDMENTS
§ 18.14.010 Purpose.
The purpose of the comprehensive plan is to set forth the city's goals, policies, and programs and to direct and designate the desired general distribution, location, and extent of the significant uses of the land toward the achievement of the city's goals. The comprehensive plan is a dynamic document based upon community values and existing and projected conditions and needs which are in a constant state of change. The purpose of this chapter is to set forth procedures for the amendment of the comprehensive plan so that it may be updated and modified as necessary in response to changing circumstances.
(Ord. 722 § 70, 1998)
§ 18.14.020 Authority.
The comprehensive plan, including its text or maps, may be amended by resolution passed by the city council pursuant to the provisions of RCW 36.70A.130 and 36.70A.140.
(Ord. 722 § 70, 1998)
§ 18.14.030 Authorization for initiation.
Applications or requests for a comprehensive plan amendment may be initiated by either:
A.
The verified application of the record owner or owners of the affected property or authorized agent thereof; or
B.
The city council through its own motion.
(Ord. 722 § 70, 1998)
§ 18.14.040 Coordination with related municipal activities.
To the maximum extent practical or necessary, amendments to the comprehensive plan shall be coordinated, procedurally and substantively, with amendments to municipal development regulations under DPMC Titles 17 and 18, as well as with adoption of related city legislation such as the transportation improvement program, the capital improvement program, annexations of urban growth area lands, etc. Amendments to development regulations under DPMC Titles 17 and 18 that require amendments to the comprehensive plan shall not proceed until such associated amendments are made to the comprehensive plan. Upon annexation of urban growth area lands, development review and approval for parcels that require amendments to the comprehensive plan, shall not proceed until such associated amendments are made to the comprehensive plan.
(Ord. 722 § 70, 1998)
§ 18.14.050 Concurrency and timing.
All proposed amendments shall be considered by the planning commission and city council concurrently so that their cumulative effect can be ascertained. Amendment cycles shall be no less frequent than once every five years, and no more frequent than one time per year, except that amendments may be considered more often for the following actions:
A.
Initial adoption of a neighborhood plan, subarea plan, or other geographically or functionally based plan;
B.
Amendment of the city's transportation improvement program and/or capital improvement program, provided such amendment occurs along with adoption of the city's annual budget;
C.
To resolve an appeal of the comprehensive plan filed with the Growth Management Hearings Board or with a court, following appropriate public participation;
D.
Under emergency circumstances related to protection of the public health, safety, and welfare including, but not limited to:
1.
An emergency situation of neighborhood or community-wide significance;
2.
To attract a large employer of more than 20 workers or to retain an existing large employer;
3.
To provide a regional facility or service that is needed to protect the public health, safety, or welfare such as a sewer treatment plant, airport facilities, or significant state or local government facilities that cannot be reviewed through another process.
By the first regular meeting in July of each year, the city council shall determine whether a comprehensive plan amendment cycle shall be conducted for the ensuing one-year period (approximately July 1st through June 30th). The city council shall review the staff synopsis and recommendation outlined in DPMC § 18.14.090 in making such determination.
(Ord. 722 § 70, 1998)
§ 18.14.060 Application materials.
Applications for amendments to the comprehensive plan shall include the following:
A.
Description of the proposed comprehensive plan amendment, including as appropriate, detailed amendatory language;
B.
Rationale for the proposed comprehensive plan amendment which may include, but not be limited to, maps, drawings to scale of land and buildings, dimensions, descriptions, and data necessary to demonstrate that the proposed comprehensive plan amendment is in the public interest of the city;
C.
A review and analysis of the comprehensive impacts of the proposed amendment, including a State Environmental Policy Act (SEPA) environmental checklist;
D.
An explanation of whether approval criteria of DPMC § 18.14.080 are satisfied; and
E.
Where an amendment is map related or is specific to a site, a mailing list of adjacent property owners within 300 feet of the affected site; provided, however, that where an applicant has ownership interest in any adjacent properties, the list shall extend to a point 300 feet beyond said ownership interest.
Where initiated by motion of the city council, municipal staff shall prepare the amendment material. Where requested by the record owner or owners of the affected property or authorized agent thereof, said party shall prepare the amendment materials. The planning director shall notify the record owner or owners of the affected property or authorized agent thereof, in writing if the amendment materials are sufficiently complete for consideration, or of what additional information is needed to make the amendment materials complete. |
Applications which are not timely, are incomplete, are substantially similar to a recent and denied request, or do not satisfy the criteria of DPMC § 18.14.080 shall not be considered. |
(Ord. 722 § 70, 1998)
§ 18.14.070 Filing fees.
Filing fees in an amount specified by resolution of the city council shall be paid upon the filing of each request for a comprehensive plan amendment for the purpose of defraying the expenses of postage, posting, advertising, and other costs of labor and materials incidental to the proceedings prescribed in this chapter.
(Ord. 722 § 70, 1998)
§ 18.14.080 Approval criteria.
When considering amendments to the comprehensive plan, the following criteria shall be considered, and only those amendments which are found to be in substantial compliance with all the criteria shall be approved:
A.
The amendment is necessary to resolve inconsistencies between the comprehensive plan and other municipal plans or ordinances, or to resolve inconsistencies between the comprehensive plan and Spokane County's plans or ordinances, or to update the transportation improvement program and/or capital improvement program in connection with annual budget adoption;
B.
Potential ramifications of the proposed amendment upon all other comprehensive plan elements have been considered and adequately addressed;
C.
Conditions have so changed since the adoption of the comprehensive plan that the existing text, including but not limited to goals, policies, and/or map classifications, is inappropriate;
D.
The proposed amendment is consistent with the overall intent of the goals of the comprehensive plan;
E.
The proposed amendment is consistent with the Growth Management Act set forth in Chapter 36.70A RCW and with the Spokane County county-wide planning policies in effect at the time;
F.
Where an amendment to the comprehensive plan's future land use plan map is proposed, the proposed designation is adjacent to property having a similar and compatible designation, or the subject property is of sufficient size to buffer or otherwise mitigate incompatible land uses; and
G.
Environmental impacts have been disclosed, and measures have been ensured to reduce possible adverse impacts.
(Ord. 722 § 70, 1998)
§ 18.14.090 Amendment cycle procedures.
The following steps shall precede setting of public hearings on comprehensive plan amendments, except for those amendments undertaken to the transportation improvement program and/or capital improvement program in connection with annual municipal budget adoption:
A.
All proposed amendments shall be submitted to the planning director not later than May 1st of any given year. Prior to the city council determination date set forth in DPMC § 18.14.050, the planning director shall prepare a brief summary describing the proposed amendments and a recommendation as to whether an amendment cycle should be initiated for the ensuing year.
B.
Following a city council determination to proceed with an amendment cycle, the planning director shall prepare a comprehensive staff report and recommendations related to the amendments, including an analysis of their cumulative impacts.
C.
The mayor shall issue a State Environmental Policy Act (SEPA) determination on the amendment package. If an environmental impact statement (EIS) is required, further consideration of the affected applicable amendment(s) shall be withheld until completion of the EIS proceedings.
D.
Subsection B of this section and appropriate supporting materials shall be forwarded to the State Department of Community Trade and Economic Development for its preliminary review as required by state law. Other state, county, and/or local agencies shall be similarly notified where any such agency may have an interest in the amendment.
(Ord. 722 § 70, 1998)
§ 18.14.100 Public hearings and notice.
Following initiation of a comprehensive plan amendment cycle, the planning director and/or city clerk shall set the matter(s) for public hearings before both the planning commission and the city council, with such hearings to be conducted following completion of the state review period identified in DPMC § 18.14.090. The city shall give notice of the hearings to be held, which notice shall contain the dates, times, and places of the hearings, the identity of the hearing bodies, a general explanation of the matter(s) to be considered, and a general description in text or by diagram of the location(s) of real property, if any, that is (are) the subject of the hearings, and shall be:
A.
Published once in the official newspaper of the city at least 15 days before the date of the first hearing, if planning commission and city council dates are published concurrently, or at least 15 days before the date of each hearing, if notice of the planning commission and city council hearings are independently published;
B.
Notice thereof shall be posted at the City Hall and other public locations in the city at least 15 days prior to the hearings; and
C.
Additional public notice which may be given to interested or substantially affected persons may include direct mailing of public notices and posting of property, if applicable, at least 15 days prior to the hearings. When notice is posted at a specific application site and/or mailed to property owners, such notice shall comply with the procedures set forth in DPMC Title 19, Integrated Project Review.
(Ord. 722 § 70, 1998)
§ 18.14.110 Recommendation of the planning commission.
The planning commission shall hold a public hearing and consider all evidence presented for and against the proposal(s) for comprehensive plan amendment and shall consider all arguments pertinent thereto. The planning commission shall make a written recommendation on the amendment(s) of the comprehensive plan by majority vote of the members of the planning commission. A copy of the planning commission recommendation shall be submitted to the city council for consideration at its public hearing.
(Ord. 722 § 70, 1998)
§ 18.14.120 Action by the city council.
The city council shall hold a public hearing on the proposed comprehensive plan amendment(s) taking into consideration the planning commission recommendation. The city council shall amend the comprehensive plan by resolution, which resolution shall be adopted by the affirmative vote of a majority of the members of the city council. The city council shall approve, approve with modifications, or disapprove the recommendation of the planning commission.
Any substantial modification proposed by the city council, not previously considered by the planning commission during its hearing, shall first be referred to the planning commission for its recommendation. The failure of the planning commission to report within 45 calendar days after the reference, or within the time set by the city council, shall be deemed a recommendation for approval.
Amendments to the comprehensive plan shall be forwarded to the Spokane County assessor pursuant to DPMC § 19.24.020.
(Ord. 722 § 70, 1998)
§ 18.14.130 Urban growth area boundary review.
Pursuant to Spokane County's adopted county-wide planning policies and in accordance with regionally coordinated planning matters related thereto, at least every five years, the city shall review the residential densities and nonresidential intensities permitted within its external, unincorporated urban growth area, and the extent to which growth of an urban nature is occurring within current municipal boundaries and in the unincorporated urban growth area. Based upon such review, and coordination with Spokane County, the city shall adjust its residential density allowances and nonresidential intensity expectations, and/or its urban growth area boundary, as necessary, to accommodate its share of the urban growth expected to occur in the county for the succeeding 20-year period, according to allocations determined by the steering committee of elected officials in accordance with the adopted county-wide planning policies as constituted at the time, and then current population projections of the State Office of Financial Management.
Should the city find a need for more frequent adjustment of the unincorporated urban growth area boundary, it may request the steering committee of elected officials to initiate a review of urban growth area boundaries prior to the scheduled interval of five years.
(Ord. 722 § 70, 1998)
