11 - COMPREHENSIVE PLAN—AMENDMENTS
The comprehensive land use plan for the city of Stevenson includes the text, diagrams, charts and maps adopted by Ordinance 2012-1067 on April 18th, 2013, entitled "Stevenson Comprehensive Plan." The comprehensive plan includes all subsequent amendments.
(Ord. No. 1030, § 2, 7-16-09; Ord. No. 1067, § 1, 4-18-13; Ord. No. 1187, § 1(Exh, A), 10-12-2022)
The Zoning Code and other development regulations contained within this code shall be consistent with and implement the intent and purpose of the city's comprehensive plan.
(Ord. No. 1030, § 2, 7-16-09)
The requirements of this chapter establish the process and criteria for reviewing and evaluating proposed amendments to the comprehensive plan and/or future land use map. The comprehensive plan amendment process provides for simultaneous review of proposals to allow for cumulative impact analyses of all applications on a city-wide basis and honors the community's long-term investment in the comprehensive plan through a participatory public process.
(Ord. No. 1030, § 2, 7-16-09)
A.
Any person with an interest in the comprehensive plan may initiate an amendment to the comprehensive plan.
B.
Prior to acceptance of an application to amend the comprehensive plan the city will ensure that the submittal requirements below have been satisfied. These requirements represent the minimum submittal requirements, and the zoning administrator, at the administrator's discretion, may require additional information prior to acceptance. Potential applicants are encouraged to schedule a pre-application meeting to determine if additional information will be required:
1.
All applications shall be on forms provided by the city and shall include, at a minimum:
a.
The name, signature, and contact information of the applicant/contact person;
b.
The appropriate application fee as set by resolution of the city council;
c.
An environmental checklist and related fee, unless the proposal is categorically exempt from SEPA review;
d.
A description of the plan amendment being requested, including a proposal for any amendatory language;
e.
A narrative explaining:
i.
Why the proposed amendment is being requested,
ii.
How the proposed amendment meets the approval criteria of this chapter; and
f.
Any additional information, reports or studies identified during a pre-application conference, if one was held, or requested within fourteen days of application submittal, if no pre-application conference was held,
2.
If the proposed amendment changes the future land use map, the application shall include, at a minimum:
a.
A site plan that is accurate, legible, and drawn to scale, showing:
i.
A north arrow and scale,
ii.
The existing comprehensive plan and zoning designation of the proposal area,
iii.
The proposed future land use and/or zoning designation of the proposal area,
iv.
The current use of all properties within the proposal area,
v.
The proposed use of any proposal related to specific real property within the proposal area;
b.
The names and mailing addresses of all property owners within the proposal area and all other owners of record within a radius of three hundred feet of the exterior boundaries of the proposal area;
c.
The signatures of all property owners within the proposal area supporting the proposal.
3.
If the proposed amendment concerns specific real property, the application shall include, at a minimum:
a.
A title report of the subject property or properties, showing all easements, covenants, codes, restrictions, or other encumbrances;
b.
A site plan that is accurate, legible, and drawn to scale, showing:
i.
A north arrow and scale,
ii.
The area and dimensions of all lots,
iii.
The location, dimensions, distance to property lines, and elevation plans for all existing and proposed structures, alterations and improvements,
iv.
The name and width of adjacent public rights-of-way or private roads,
v.
The location and type of any known or suspected critical areas,
vi.
The location of any significant trees,
vii.
The location of any public utilities or private wells or drainfields;
c.
The names and mailing addresses of all subject property owners and all other owners of record within a radius of three hundred feet of the exterior boundaries of the proposal area,
d.
The signature(s) of all subject property owners supporting the proposal.
(Ord. No. 1030, § 2, 7-16-09)
A.
An application to amend the comprehensive plan may be made at any time. However, completed amendment applications received after five p.m. on September 30th of each odd-numbered year shall not be considered until the following biennial amendment cycle. Amendment cycles shall occur no more frequently than once per biennium, as established herein, provided, that the city council may by resolution alter or extend the calendar.
B.
During the months of October, November, and December of odd-numbered years, the planning director shall review and evaluate all proposed amendments to the comprehensive plan and prepare a written report to the planning commission recommending action on each amendment proposed.
C.
The planning commission shall, at its first regular meeting in January of each even-numbered year, establish a work program for the months of January through April, inclusive, for hearings, deliberation and action upon each proposed amendment. The planning commission shall consider but not be limited by the recommendation of the planning director. The planning commission shall hold at least one public hearing in January prior to determining its work program and one hearing in April prior to making its final recommendation to city council. The planning commission shall at its meetings further provide a continuing forum for on-going public involvement in the comprehensive plan amendment process. The planning commission shall report, via the clerk-treasurer, its recommendation for comprehensive plan amendments to city council not later than the last day of April of each even-numbered year.
D.
Upon receipt of the planning commission's recommendations, the clerk-treasurer shall certify the date of receipt, and within sixty days of that date, the city council shall, at a public hearing during the months of May and/or June, deliberate and act on the recommendations of the planning commission. The city council shall, by majority vote, approve or disapprove, or modify and approve, as modified, the comprehensive plan amendment, or refer it back to the planning commission for further proceedings, in which case the city council shall specify the time within which the planning commission shall report its findings and recommendations back to the city council.
E.
The failure to comply strictly with the calendar established in this section shall not affect the validity of amendments to the comprehensive plan.
(Ord. No. 1030, § 2, 7-16-09)
Amendments to the comprehensive plan may occur more frequently than the established biennial amendment cycle, provided that the city council, after recommendation by the planning commission, determines that one of the following circumstances exists:
A.
The amendment would revoke a previous amendment which:
1.
Was obtained by fraud or other intentionally misleading representations;
2.
Is being implemented contrary to the intended purpose of the amendment or other provisions of the comprehensive plan; or
3.
Has resulted in an emergency condition or situation of community-wide significance dealing with the public health, safety, or welfare.
B.
The amendment would resolve a court of competent jurisdiction's decision on an appeal of the comprehensive plan or adopted plan amendment.
C.
The amendment would constitute the initial adoption of a specific subarea or strategic plan previously identified in the comprehensive plan.
D.
The amendment would amend or adopt a new shoreline master program under Chapter 90.58 RCW.
E.
The amendment would provide future land use designations associated with annexation and intended to take effect upon annexation, or another date specified.
F.
The amendment would adopt a new comprehensive plan consistent with Chapter 35A.63 RCW.
(Ord. No. 1030, § 2, 7-16-09)
The comprehensive plan was developed and adopted after significant study and public participation. The principles, goals, and policies contained therein shall therefore be granted substantial weight when considering a proposed amendment. Therefore, the burden of proof for justifying a proposed amendment rests with the applicant, who must demonstrate how the request is consistent with the following approval criteria:
A.
Each amendment:
1.
Shall be consistent with Chapter 35A.63 RCW, shall further and be internally consistent with the comprehensive plan (a change to a particular goal or policy not included), and shall be consistent with any interlocal planning agreements;
2.
Shall serve the public interest. In determining whether the public interest will be served, factors including but not limited to the following shall be considered:
a.
The anticipated effect upon the City staff and budgetary resources needed to implement the proposal;
b.
The anticipated effect upon the ability of the city and/or other service providers to provide an adequate level of service for the full range of public facilities and services, including but not limited to: water resources, utilities, transportation, parks or schools;
c.
The anticipated impact upon natural systems;
d.
The anticipated impact upon the health, safety and welfare of city residents;
e.
Any changes in the community values, information, or assumptions upon which the comprehensive plan was based;
f.
The ability of specific plan elements or subarea plans to accommodate the needs of the existing or future city;
B.
Amendments to the comprehensive plan map or specific real property:
1.
Shall have a similar or compatible designation to adjacent areas of the city; or
2.
Shall be subject to conditions that will ensure compatibility with surrounding areas.
(Ord. No. 1030, § 2, 7-16-09)
The decision of the city council on the comprehensive plan or plan amendments shall be final and conclusive unless, within twenty-one days from the date of such action, an adverse party makes appeal to a court of competent jurisdiction for a writ of certiorari, writ of prohibition or a writ of mandamus.
(Ord. No. 1030, § 2, 7-16-09)
11 - COMPREHENSIVE PLAN—AMENDMENTS
The comprehensive land use plan for the city of Stevenson includes the text, diagrams, charts and maps adopted by Ordinance 2012-1067 on April 18th, 2013, entitled "Stevenson Comprehensive Plan." The comprehensive plan includes all subsequent amendments.
(Ord. No. 1030, § 2, 7-16-09; Ord. No. 1067, § 1, 4-18-13; Ord. No. 1187, § 1(Exh, A), 10-12-2022)
The Zoning Code and other development regulations contained within this code shall be consistent with and implement the intent and purpose of the city's comprehensive plan.
(Ord. No. 1030, § 2, 7-16-09)
The requirements of this chapter establish the process and criteria for reviewing and evaluating proposed amendments to the comprehensive plan and/or future land use map. The comprehensive plan amendment process provides for simultaneous review of proposals to allow for cumulative impact analyses of all applications on a city-wide basis and honors the community's long-term investment in the comprehensive plan through a participatory public process.
(Ord. No. 1030, § 2, 7-16-09)
A.
Any person with an interest in the comprehensive plan may initiate an amendment to the comprehensive plan.
B.
Prior to acceptance of an application to amend the comprehensive plan the city will ensure that the submittal requirements below have been satisfied. These requirements represent the minimum submittal requirements, and the zoning administrator, at the administrator's discretion, may require additional information prior to acceptance. Potential applicants are encouraged to schedule a pre-application meeting to determine if additional information will be required:
1.
All applications shall be on forms provided by the city and shall include, at a minimum:
a.
The name, signature, and contact information of the applicant/contact person;
b.
The appropriate application fee as set by resolution of the city council;
c.
An environmental checklist and related fee, unless the proposal is categorically exempt from SEPA review;
d.
A description of the plan amendment being requested, including a proposal for any amendatory language;
e.
A narrative explaining:
i.
Why the proposed amendment is being requested,
ii.
How the proposed amendment meets the approval criteria of this chapter; and
f.
Any additional information, reports or studies identified during a pre-application conference, if one was held, or requested within fourteen days of application submittal, if no pre-application conference was held,
2.
If the proposed amendment changes the future land use map, the application shall include, at a minimum:
a.
A site plan that is accurate, legible, and drawn to scale, showing:
i.
A north arrow and scale,
ii.
The existing comprehensive plan and zoning designation of the proposal area,
iii.
The proposed future land use and/or zoning designation of the proposal area,
iv.
The current use of all properties within the proposal area,
v.
The proposed use of any proposal related to specific real property within the proposal area;
b.
The names and mailing addresses of all property owners within the proposal area and all other owners of record within a radius of three hundred feet of the exterior boundaries of the proposal area;
c.
The signatures of all property owners within the proposal area supporting the proposal.
3.
If the proposed amendment concerns specific real property, the application shall include, at a minimum:
a.
A title report of the subject property or properties, showing all easements, covenants, codes, restrictions, or other encumbrances;
b.
A site plan that is accurate, legible, and drawn to scale, showing:
i.
A north arrow and scale,
ii.
The area and dimensions of all lots,
iii.
The location, dimensions, distance to property lines, and elevation plans for all existing and proposed structures, alterations and improvements,
iv.
The name and width of adjacent public rights-of-way or private roads,
v.
The location and type of any known or suspected critical areas,
vi.
The location of any significant trees,
vii.
The location of any public utilities or private wells or drainfields;
c.
The names and mailing addresses of all subject property owners and all other owners of record within a radius of three hundred feet of the exterior boundaries of the proposal area,
d.
The signature(s) of all subject property owners supporting the proposal.
(Ord. No. 1030, § 2, 7-16-09)
A.
An application to amend the comprehensive plan may be made at any time. However, completed amendment applications received after five p.m. on September 30th of each odd-numbered year shall not be considered until the following biennial amendment cycle. Amendment cycles shall occur no more frequently than once per biennium, as established herein, provided, that the city council may by resolution alter or extend the calendar.
B.
During the months of October, November, and December of odd-numbered years, the planning director shall review and evaluate all proposed amendments to the comprehensive plan and prepare a written report to the planning commission recommending action on each amendment proposed.
C.
The planning commission shall, at its first regular meeting in January of each even-numbered year, establish a work program for the months of January through April, inclusive, for hearings, deliberation and action upon each proposed amendment. The planning commission shall consider but not be limited by the recommendation of the planning director. The planning commission shall hold at least one public hearing in January prior to determining its work program and one hearing in April prior to making its final recommendation to city council. The planning commission shall at its meetings further provide a continuing forum for on-going public involvement in the comprehensive plan amendment process. The planning commission shall report, via the clerk-treasurer, its recommendation for comprehensive plan amendments to city council not later than the last day of April of each even-numbered year.
D.
Upon receipt of the planning commission's recommendations, the clerk-treasurer shall certify the date of receipt, and within sixty days of that date, the city council shall, at a public hearing during the months of May and/or June, deliberate and act on the recommendations of the planning commission. The city council shall, by majority vote, approve or disapprove, or modify and approve, as modified, the comprehensive plan amendment, or refer it back to the planning commission for further proceedings, in which case the city council shall specify the time within which the planning commission shall report its findings and recommendations back to the city council.
E.
The failure to comply strictly with the calendar established in this section shall not affect the validity of amendments to the comprehensive plan.
(Ord. No. 1030, § 2, 7-16-09)
Amendments to the comprehensive plan may occur more frequently than the established biennial amendment cycle, provided that the city council, after recommendation by the planning commission, determines that one of the following circumstances exists:
A.
The amendment would revoke a previous amendment which:
1.
Was obtained by fraud or other intentionally misleading representations;
2.
Is being implemented contrary to the intended purpose of the amendment or other provisions of the comprehensive plan; or
3.
Has resulted in an emergency condition or situation of community-wide significance dealing with the public health, safety, or welfare.
B.
The amendment would resolve a court of competent jurisdiction's decision on an appeal of the comprehensive plan or adopted plan amendment.
C.
The amendment would constitute the initial adoption of a specific subarea or strategic plan previously identified in the comprehensive plan.
D.
The amendment would amend or adopt a new shoreline master program under Chapter 90.58 RCW.
E.
The amendment would provide future land use designations associated with annexation and intended to take effect upon annexation, or another date specified.
F.
The amendment would adopt a new comprehensive plan consistent with Chapter 35A.63 RCW.
(Ord. No. 1030, § 2, 7-16-09)
The comprehensive plan was developed and adopted after significant study and public participation. The principles, goals, and policies contained therein shall therefore be granted substantial weight when considering a proposed amendment. Therefore, the burden of proof for justifying a proposed amendment rests with the applicant, who must demonstrate how the request is consistent with the following approval criteria:
A.
Each amendment:
1.
Shall be consistent with Chapter 35A.63 RCW, shall further and be internally consistent with the comprehensive plan (a change to a particular goal or policy not included), and shall be consistent with any interlocal planning agreements;
2.
Shall serve the public interest. In determining whether the public interest will be served, factors including but not limited to the following shall be considered:
a.
The anticipated effect upon the City staff and budgetary resources needed to implement the proposal;
b.
The anticipated effect upon the ability of the city and/or other service providers to provide an adequate level of service for the full range of public facilities and services, including but not limited to: water resources, utilities, transportation, parks or schools;
c.
The anticipated impact upon natural systems;
d.
The anticipated impact upon the health, safety and welfare of city residents;
e.
Any changes in the community values, information, or assumptions upon which the comprehensive plan was based;
f.
The ability of specific plan elements or subarea plans to accommodate the needs of the existing or future city;
B.
Amendments to the comprehensive plan map or specific real property:
1.
Shall have a similar or compatible designation to adjacent areas of the city; or
2.
Shall be subject to conditions that will ensure compatibility with surrounding areas.
(Ord. No. 1030, § 2, 7-16-09)
The decision of the city council on the comprehensive plan or plan amendments shall be final and conclusive unless, within twenty-one days from the date of such action, an adverse party makes appeal to a court of competent jurisdiction for a writ of certiorari, writ of prohibition or a writ of mandamus.
(Ord. No. 1030, § 2, 7-16-09)