Chapter 15.04
COMPREHENSIVE PLAN

Sections:

15.04.010    Purpose of provisions.

15.04.020    Procedure for amendments or revisions.

15.04.030    Review procedure.

15.04.040    Planning Commission and Town Council.

15.04.050    Notice and public participation.

15.04.060    Fees and administration.

15.04.070    Interpretation and liability.

15.04.080    Appeal.

15.04.010 Purpose of provisions.

The purpose of this chapter is to establish a procedure for consideration of proposed amendments or revisions to the Woodway Comprehensive Plan. (Ord. 320 § 1(part), 1996)

15.04.020 Procedure for amendments or revisions.

A.    Except as provided in RCW 36.70A.130(2)(b), there shall be no more than one review of the Woodway Comprehensive Plan per calendar year.

B.    A proposed amendment or revision to the Comprehensive Plan shall be submitted in writing to the Town Clerk. The proposal shall include the following information:

1.    Description of the plan amendment or revision being requested;

2.    Statement of purpose and reason for the amendment or revision;

3.    A statement of anticipated impacts of the proposed change, including the geographic area affected and the issues presented;

4.    The current zoning plan map designation for the subject parcel(s);

5.    The current Comprehensive Plan map designation for the subject parcel(s); and

6.    A statement as to how the proposed amendment would:

a.    Be consistent with the Growth Management Act;

b.    Be consistent with the county-wide planning policies; and

c.    Further the purpose of the Comprehensive Plan.

C.    All proposals to the Town which involve amendment or revision to the Comprehensive Plan shall be considered with all other plan reviews no more frequently than once each year, except as provided in RCW 36.70A.130(2)(b), so that the cumulative effect of the various proposals can be ascertained.

D.    Public initiated amendments to be considered in a current year must be received by the Town Clerk by May 1st of that year. All amendments received shall be included in the docket. Town staff will prepare notices for the public, explaining the Comprehensive Plan amendment annual review process. This notice shall be posted in three public places where ordinances are posted and shall be placed in the legal notice section of the newspaper or record no less than two times within the thirty-day period preceding the deadline for applications.

F.    SEPA review as required by Title 16 of this code shall commence in a timely fashion upon receipt of such amendment or revision proposals, and the hearings shall not be scheduled until appropriate SEPA review has been completed on all applications.

G.    The Town Clerk shall notify and transmit copies of all proposed plan amendments or revisions to the Washington State Office of Community Development at least sixty days prior to final adoption, as consistent with RCW 36.70A.106 of the GMA. (Ord. 01-412 § 1 (Exh. 1 (part)), 2001: Ord. 385 §§ 2, 3(part), 2000; Ord. 320 § 1(part), 1996)

15.04.030 Review procedure.

A.    Proposals to amend or revise the Comprehensive Plan shall be combined with any related Title 13 or 14 applications. As provided in the Town’s administrative procedures ordinance (Chapter 14A.04 of this code), one open record hearing on the related rezone or subdivision proposal shall be held before the Planning Commission. The Town Council may hold public hearings on the Comprehensive Plan review, but the Town Council’s review of any related rezone or subdivision application(s) shall be closed record.

B.    All proposals to amend or revise the Comprehensive Plan, whether originating from the Planning Commission, the Town Council, or otherwise, shall be heard in one hearing. Each separate proposal, together with any related rezone or subdivision application, if any, shall be heard and findings, conclusions and recommendations thereon shall be considered preliminary until all proposals and applications are heard. After preliminary consideration of each proposal and related applications, if any, are completed, all proposed annual modifications to the Comprehensive Plan shall be considered concurrently, and thereafter final action shall be taken confirming the preliminary consideration, or modifying same in light of the cumulative effects.

C.    The Planning Commission and the Town Council may continue the annual review of and hearing on the Comprehensive Plan from time to time until all proposals and related applications, if any, are complete. (Ord. 320 § 1 (part), 1996)

15.04.040 Planning Commission and Town Council.

The Woodway Planning Commission shall make recommendations to the Town Council concerning all proposals to amend or revise the Comprehensive Plan. The Planning Commission shall recommend approval, approval with conditions, or disapproval of the Comprehensive Plan proposal, and shall take such action on the related Title 13 or Title 14 application as is authorized by the applicable provisions of this code. The action taken by the town council following recommendation by the planning commission shall be final and conclusive on the comprehensive plan proposal. The town council may approve, approve with conditions, or disapprove the comprehensive plan proposal, and shall take such action on the related Title 13 or Title 14 application as is authorized by the applicable provisions of this code.

A.    Factors to be Considered in a Comprehensive Plan Amendment. The town may consider, but is not limited, to the following factors in reviewing applications for comprehensive plan amendments:

1.    Whether the proposed amendment will further the goals, policies and objectives of the Woodway comprehensive plan;

2.    Whether the proposed amendment will result in significant adverse impacts to the planning area’s transportation network, capital facilities, utilities, parks and environmental features;

3.    Whether the proposed amendment is consistent with the Growth Management Act, the Snohomish County-wide planning policies and other applicable inter-jurisdictional policies and agreements, and/or other state or local laws; and

4.    Whether the proposed amendment does not erode the purpose, goals and policies of the comprehensive plan. (Ord. 00-385 § 3(part), 2000; Ord. 320 § 1(part), 1996)

15.04.050 Notice and public participation.

Public participation in the review and evaluation of the Woodway comprehensive plan shall be accomplished by:

A.    Required Notices. Except as otherwise required, public notification of meetings, hearings, and pending actions shall be made by:

1.    Publication at least ten days before the date of a public meeting, hearing, or pending action in the official newspaper, if one has been designated, or a newspaper of general circulation in the town; and

2.    Posting at least ten days before the meeting, hearing, or pending action in three public places where ordinances are posted and at least one notice on the subject property.

B.    Courtesy Notices. Although not legally required, as a courtesy, notices of the initial planning commission meeting or hearing and the initial Town Council meeting or hearing shall be mailed to all residents of the town for each amendment or revision proposal; proposers shall provide addressed and stamped envelopes for the mailings.

C.    Content of Notice. The public notice shall include a general description of the proposal; a nonlegal description of the property, or a vicinity map or sketch; the time, date and place of the public meeting or hearing; and how to obtain additional information.

D.    Continuations. If for any reason a meeting or hearing on a pending action cannot be completed on the date set forth in the public notice, then the meeting or hearing may be continued to a date certain and no further notice under this section is required.

E.    Timing of Notices. Publication, mailing, and posting as provided in subsection A of this section shall be required only for the initial meeting or hearing by the Planning Commission, and shall not be required for continuations of the initial Planning Commission meeting or hearing. Publication, mailing and posting as provided in subsection A of this section shall also be required for the initial meeting or hearing of the Town Council, and shall not be required for continuations of the initial Town Council meeting or hearing. Other notices shall not be legally required and shall be considered as courtesy notices. (Ord. 320 § 1(part), 1996)

15.04.060 Fees and administration.

A.    Fees relating to reviewing and processing all proposals to amend or revise the comprehensive plan submitted by those other than town officials or staff shall be as set forth in Section 3.32.010.

B.    The Town Clerk shall transmit to the Washington State Department of Community, Trade, and Economic Development a complete and accurate copy of any approved comprehensive plan amendment or revision, within ten days after final adoption, as consistent with RCW 36.70A.106 of the GMA. (Ord. 04-431 § 18, 2004; Ord. 320 § 1(part), 1996)

15.04.070 Interpretation and liability.

A.    The intent of this chapter is to comply with requirements imposed on local governments under RCW 36.70A.130.

The requirements of the Act and this chapter shall be interpreted to supersede provisions from all other Town ordinances or procedures. It is the Town’s interpretation that review and evaluation of the Woodway comprehensive plan is legislative, and proposals therefor are not project permit applications.

B.    It is expressly the purpose of this chapter to provide for and promote the health, safety and welfare of the general public and not to create or otherwise establish or designate any particular class or group of persons who will or should be especially protected or benefited by the terms of this chapter.

C.    It is the specific intent of this chapter that no provisions nor any term used in this chapter is intended to impose any duty to third parties whatsoever upon the Town or any of its officers or employees.

D.    Nothing contained in this chapter is intended nor shall be construed to create or form the basis of any liability on the part of the Town, or its officers, employees or agents, for any injury or damage resulting from any action or inaction on the part of the Town, its officers, employees or agents. (Ord. 320 § 1(part), 1996)

15.04.080 Appeal.

A.    Appeals from the final decision of the Town Council on the comprehensive plan proposal shall be made to the Growth Management Hearings Board within sixty days of publication of the ordinance taking action on the comprehensive plan proposal. Appeals from the final decision of the Town Council on the related Title 13 or Title 14 application shall be made to Snohomish County Superior Court within twenty-one days of the date the decision or action became final, unless another time period is established by state law or local ordinance.

B.    Notice of the appeal and any other pleadings required to be filed with the Board or Court shall be served on the Town Clerk within the applicable time period. This requirement is jurisdictional. (Ord. 01-412 § 1 (Exh. 1 (part)), 2001; Ord. 320 § l (part), 1996)