A. Authorization To Initiate Amendments: An amendment to the text or map of this title may be initiated by the city council, the planning commission, or by application of a property owner or his authorized agent. No amendment shall be approved unless the planning commission and city council make affirmative findings that the amendment is consistent with the city's comprehensive plan and the requirements of this title.
B. Application And Fee: An application for amendment to this title by a property owner or his authorized agent shall be filed with the city on forms prescribed by the city. Each application shall be accompanied by a receipt indicating payment of a fee, charged according to a schedule of fees as established by the city council.
C. Public Hearing Required: Before action is taken on a proposed amendment to the zoning map or the text of this title, notice shall be given and the planning commission and the city council shall hold public hearings thereon consistent with the provisions of section
11-2C-11 of this code, except notice by mail, as described in subsection 11-2C-11D of this code, shall be given not less than thirty (30) days prior to the date of the public hearing(s). Notice for the planning commission and city council hearing may be combined, except, if the planning commission recommendation is not received by the commencement of the city council public hearing, such hearing shall not be held, a new city council hearing date shall be set and new notice shall be mailed notifying all parties of the new city council hearing date. The planning commission and city council may conduct a joint public hearing, when it is determined the public interest will be served and all rights of due process will be protected.
D. Decision Criteria: The criteria that will be used to make recommendations and decisions on whether or not to approve an amendment to the text of this title or a reclassification of a property on the official zoning map include the following:
1. The text amendment or reclassification is substantially related to the public health, safety, or welfare; and
2. The text amendment or reclassification is warranted due to changed circumstances, or due to the need for additional land supply in the proposed land use zone classification, or the proposed zoning classification is appropriate for reasonable development of the subject property; and
3. The affected property is suitable for development in general conformance with zoning standards under the proposed zoning text amendment or land use zone classification; and
4. The text amendment or reclassification will not be materially detrimental to uses or properties in the immediate vicinity of the subject property or incompatible with such uses; and
5. The text amendment or reclassification has merit and value for the community as a whole; and
6. The text amendment or reclassification is in accord with the comprehensive plan; and
7. The text amendment or reclassification complies with all other applicable criteria and standards of this code.
E. Time Period For Action:
1. Recess Of Hearing: The planning commission may recess a hearing on an amendment to this title in order to obtain additional information. Upon recessing for this purpose, the planning commission shall announce the time and date when the hearing will be resumed.
2. Planning Commission Recommendation: The planning commission shall make its decision on an amendment to this title and forward their recommendation to the city council within ninety (90) days of the time the amendment was requested for the final decision.
3. City Council Decision: Following a separate public hearing, the city council shall act on the proposed amendment within sixty (60) days of receipt of the recommendation of the planning commission, except that the time for final decision may be extended if the zoning amendment is being considered concurrently with a comprehensive plan amendment or if required state review of the proposed amendment is not complete.
F. Withdrawal And Renewal: The planning commission or city council, as appropriate, may permit the withdrawal of any application filed under the provisions of this title; provided, that any hearing must be held for which notice has been given. An application that has been previously withdrawn shall not be scheduled for reconsideration unless a new application has been submitted and a fee paid as required by subsection B of this section.
G. Map Change: Following approval of a reclassification of property, the city shall amend the zoning map of the city to reflect the change in land use zone.
H. Development Agreement: The city may require that the applicant enter into a development agreement as authorized by Revised Code of Washington 36.70B.170 with the city as a condition of the reclassification, and may, through that agreement, impose development conditions designed to mitigate potential impacts of the reclassification and development pursuant thereto.
I. Time Limitation For Approval Of Rezone: The city may, in the ordinance approving the reclassification, establish a timeline within which development of the subject property must begin. If the city has established such a time limitation, the reclassification may be revoked, upon application of the city for reclassification, if the applicant has not applied for a building permit or other necessary development permit and completed substantial construction by the specified date.
J. Time Limitation For Rerequest: No request for an amendment to the text or the zoning map or this title shall be considered by the city within the twelve (12) month period immediately following a previous denial of such request, except that the planning commission may consent to a new hearing, if, in the opinion of the planning commission, new evidence or a change of circumstances warrant it. (Ord. 849, 8-17-2009)