The comprehensive plan of the city, adopted pursuant to Chapter 36.70A RCW (The Growth Management Act, "GMA") is that plan entitled "City of Medical Lake Comprehensive Plan," adopted September 2, 1997 by Ordinance 841. The plan, including all amendments, is incorporated by reference into the Medical Lake Municipal Code.

(Ord. 876 §154, 1999: Ord. 285 §43(part), 1960).

This section shall apply to initial adoption of the comprehensive plan and subsequent adoption of amendments or additional elements to the comprehensive plan. The purpose of this chapter is to establish a procedure pursuant to the requirements of RCW 36.70A of the Growth Management Act for the amendment or revision of the city comprehensive plan and development regulations. The Growth Management Act allows amendments to comprehensive plans only once per year, except in emergency situations. This chapter establishes a process and criteria for amending the comprehensive plan text and/or the comprehensive plan map. Suggested changes are reviewed by the planning commission once every year to determine whether the suggestion merits further consideration and review during the established amendment cycle. Issues which receive a favorable determination will be considered concurrently during the amendment cycle in order to evaluate the changes and dynamic nature of growth in the community over time and to ensure internal and interjurisdictional consistency and compatibility with various plan components. All plan amendments will follow the requirements for public participation in accordance with RCW 36.70A.140.

(Ord. 876 §155, 1999: Ord. 743 §1, 1992: Ord. 731 §6, 1991: Ord. 650 §40, 1985: Ord. 285 §43(part), 1960).

RCW 36.70A.130 provides that the city shall establish and broadly disseminate to the public a public participation program identifying procedures whereby proposed amendments of revisions of the comprehensive plan are considered by the city council no more frequently than once every year except that amendments may be considered more frequently under the following circumstances:

(1)

The initial adoption of a sub-area plan;

(2)

The adoption or amendment of a shoreline master program under the procedures set forth in Chapter 90.58 RCW; and

(3)

The amendment of the capital facilities element of the comprehensive plan that occurs concurrently with the adoption or amendment of a city budget.

Except as otherwise provided above, all proposals shall be considered by the city council concurrently so that the cumulative effect of the various proposals can be ascertained. However, after appropriate public participation the city may adopt amendments or revisions to its comprehensive plan that conform with Chapter 36.70A RCW whenever an emergency exists or to resolve an appeal of a comprehensive plan filed with a growth management hearings board or with a court of law.

(Ord. 876 §156, 1999).

(a)

"Area-wide amendment" is a proposed revision to the generalized land use map, zoning map, goals, policies, objectives or assumptions affecting an area within the city limits or within the urban growth area. The area-wide amendment process is comprehensive in nature and may be geographically distinctive, or has unified interest within the city. Amendments reviewed under this process would not affect the location or designation of the urban growth area boundary. Proposed changes to an urban growth boundary are classified under subsection (c) of this section. An area- wide land use reclassification amendment or text amendment is of area-wide significance and usually includes several separate properties under various ownership.

(b)

"Text amendment" is a revision in the text of the goals, policies, objectives, principles or standards of the comprehensive plan or development regulations.

(c)

"Urban growth area amendment" is revision to a designated urban growth area boundary. Amendments may also include changes or revisions to the plan map, goals, policies, principles or standards of the comprehensive plan and development regulations that would be affected by the boundary change. Amendments are evaluated on their effect on all urban growth area boundaries of the city.

(d)

"Capital facilities amendment" is a revision to the capital facilities element of the comprehensive plan and affects capital budget decisions.

(e)

"Emergency amendment" is a proposed revision to the comprehensive plan or development regulations that arises from a situation that necessitates the immediate preservation of the public health, safety and welfare.

(Ord. 876 §157, 1999).

The regulations found in Title 15, Subdivisions, Title 16, Planning, Title 17, Zoning, Title 18, Manufactured Home Communities, and Title 19, Land Use and Development of this municipal Code, are subject to the Growth Management Act, RCW 36.70. These regulations may be amended outside of the annual comprehensive plan amendment cycle. Amendments to development regulations are processed through a Type IV Review and the approval criteria are found in MLMC Section 17.56.100, Criteria for Evaluation of Plan Amendments. The Type IV review process is found in MLMC Section 19.270.050, Type IV reviews.

(Ord. No. 1130, § 70, 11-19-2024)

(1)

Proposals for amendments of the comprehensive plan shall be considered by the city council no more frequently than once every year;

(2)

Proposals for plan amendment shall be considered concurrently so that the cumulative effect of various proposals can be ascertained; and

(3)

Proposals may be considered at separate meetings or hearings, so long as the final action taken considers the cumulative effect of all proposed amendments to the plan.

Additions of new elements as the result of a city-initiated planning program may occur at any time during the calendar year, provided the element is consistent with the general framework of the comprehensive plan.

(Ord. 876 §158, 1999).

(Ord. No. 1130, § 71, 11-19-2024)

In addition to the annual amendment process, the city council may amend the comprehensive plan in any of the following circumstances:

(1)

Resolution of an emergency condition or situation that involves public health, safety or welfare; and when adherence to the annual amendment process would be further detrimental to public health, safety or welfare.

(2)

Resolution of decision by an administrative agency, or court of competent jurisdiction.

(3)

Determination of an exception to the annual amendment process shall be made by the city council after recommendation by the planning commission.

(Ord. 876 §159, 1999).

A proposed amendment to the comprehensive plan, zoning map, or development regulations may be submitted by any individual, organization, corporation or partnership, general or special purpose government, or entity of any kind.

(Ord. 876 §160, 1999).

(Ord. No. 1130, § 72, 11-19-2024)

Comprehensive plan amendments shall be considered once a year unless it is considered an emergency amendment. Although amendment proposals will be accepted at any time during the year, August 1st through September 15th of each year shall be the designated time frame to officially accept proposed comprehensive plan amendments. Proposed amendments received after September 15th will not be considered in that year's amendment process.

(Ord. 876 §161, 1999).

(Ord. No. 1130, § 73, 11-19-2024)

When an individual, organization, or other entity proposes an amendment to the comprehensive plan, the zoning map, or development regulations, the following must be submitted for an application to be deemed complete:

(1)

An appropriate city application form;

(2)

A written description of the amendment being requested;

(3)

Any studies, reports, or documentation to support the request;

(4)

A written response to the approval criteria in MLMC 17.56.100, Criteria for Evaluation of Plan Amendments;

(5)

A SEPA checklist; and

(6)

The applicable fee.

(Ord. 876 §162, 1999).

(Ord. No. 1130, § 74, 11-19-2024)

Recognizing that the comprehensive plan was developed and adopted after significant study and public participation, the principles, goals, objectives and policies contained therein shall be granted substantial weight when considering any proposed amendment. Therefore, the burden of proof for justifying a proposed amendment rests with the applicant. The approval, modification or denial of an amendment application by the planning commission shall be evaluated on the following criteria:

(1)

The amendment is necessary to resolve inconsistencies between the comprehensive plan and implementing ordinances, or inconsistencies between the plan or ordinances and local, state or federal mandates.

(2)

The amendment of the plan and/or the development regulations will further the implementation of the comprehensive plan and resolve inconsistency between the two in a manner that will not adversely impact the general public health, safety, and/or welfare.

(3)

Conditions have changed so much since the adoption of the comprehensive plan on factors such as, but not limited to population, employment, housing, transportation, capital facilities, or economic conditions that the existing goals, policies, objectives and/or map classifications of the comprehensive plan or development regulations are inappropriate.

(4)

Substantial conditions exist where the available supply of forecasted lands for residential, commercial, industrial, recreation or agriculture have been absorbed and there is insufficient land available for a twenty-year supply.

(5)

If the comprehensive plan amendment proposal involves extension of water and/or sewer services outside of the urban growth boundary. the following additional criteria must be met:

(A)

The proposal must be in response to an immediate threat to public health or safety;

(B)

The proposal is necessary for the protection of the aquifer(s) designated pursuant to RCW 36.70.A170;

(C)

The proposal is necessary to maintain existing levels of service in existing urban or suburban developments.

(6)

The proposed amendment is consistent with the overall intent of the goals of the comprehensive plan.

(7)

The proposed amendment is consistent with RCW 36.70A, the Growth Management Act, the county-wide planning policies and applicable multicounty planning policies.

(8)

Where an amendment to the comprehensive plan map is proposed, the proposed designation is adjacent to property having a similar and compatible designation.

(9)

Public facilities, infrastructure and transportation systems are present to serve the intended amendment or provisions have been made in accordance with the comprehensive plan to provide the necessary facilities.

(10)

The proposed amendment is complimentary and compatible with adjacent land uses and the surrounding environment.

(11)

The proposed amendment does not adversely affect lands designated as agricultural and/or resource lands of long term commercial significance or critical areas.

(Ord. 876 §163, 1999).

Comprehensive plan amendments are processed through a Type IV review. The Type IV review process is found in MLMC 19.270.050, Type IV reviews.

(Ord. 876 §164, 1999).

(Ord. No. 1130, § 75, 11-19-2024)

Editor's note— Sec. 76 of Ord. No. 1130, adopted November 19, 2024, deleted § 17.56.120, which pertained to amendment transmittal and reporting to state, and derived from Ord. 876, 1999.

Editor's note— Sec. 77 of Ord. No. 1130, adopted November 19, 2024, deleted § 17.56.130, which pertained to appeals to an amendment of the comprehensive plan, and derived from Ord. 876, 1999.