Chapter 17.157
COMPREHENSIVE PLAN

Sections:

17.157.010    Comprehensive Plan amendment, and implementation procedures.

17.157.020    When amendments will be adopted.

17.157.030    Who may propose an amendment.

17.157.040    How to propose an amendment.

17.157.050    Selection procedure.

17.157.060    Submittal requirements.

17.157.070    Review of proposed amendments.

17.157.080    Decision criteria.

17.157.090    Map change.

17.157.100    Concomitant or developer agreement.

17.157.110    Council ordinance – Finality.

17.157.120    Periodic assessment of Comprehensive Plan amendment need.

17.157.130    Amendments considered under emergency situation.

17.157.140    Concurrent Comprehensive Plan amendment and rezone.

17.157.150    Appeals of council decision.

17.157.160    Severability.

17.157.010 Comprehensive Plan amendment, and implementation procedures.

The Comprehensive Plan and its elements shall be adopted and amended by ordinance of the city council after a public hearing by the planning commission. The city shall carry out its programs, perform its activities, and make capital budget decisions in conformance with the Comprehensive Plan, including matters affecting land use and development regulations. The procedures identified in this chapter shall be followed to amend the city’s Comprehensive Plan and the Comprehensive Plan’s future land use map. (Ord. 1110 § 3, 2002; Ord. 1084 § 3, 2000; Ord. 1025, 1998).

17.157.020 When amendments will be adopted.

All amendments to the Comprehensive Plan shall be considered concurrently and no more than once each year except in the event of an emergency as outlined in SMC 17.157.130. The proposed plan amendments shall be considered concurrently by the planning commission so that their cumulative effects can be ascertained. The city council shall consider proposed amendments in September of each year. A proposed plan amendment may include new plan elements, or a change to plan elements, goals and policies, the future land use map, other components of the plan or program elements, or the results from annexation actions. All amendments to the Comprehensive Plan will be required to meet the requirements for SEPA review (Chapter 17.149 SMC). (Ord. 1249 § 8, 2009; Ord. 1110 § 3, 2002; Ord. 1025, 1998).

17.157.030 Who may propose an amendment.

A proposed amendment to the Comprehensive Plan may be submitted by any private individual, organization, corporation, partnership, or entity of any kind including the mayor, any member(s) of the Stanwood city council or the planning commission, planning director, or any other general or special purpose government or group. (Ord. 1110 § 3, 2002; Ord. 1025, 1998).

17.157.040 How to propose an amendment.

(1) An application shall be made to the planning department per SMC 17.157.060.

(2) The planning department sets August 31st of any given year as the deadline for plan amendment requests to be considered for decision the following year; however, a request will be accepted at any time. Those amendment requests received after the established deadline will not be considered by the commission for that year. Proposed plan amendments consisting of changes to the city’s capital facilities plan and program (CFP) will generally be accepted later than other proposed amendments because of the CFP’s relationship to the city’s budget or its modification. Amendments consisting of changes to the city’s CFP will be received no later than December 30th. (Ord. 1249 § 9, 2009; Ord. 1110 § 3, 2002; Ord. 1025, 1998).

17.157.050 Selection procedure.

The planning department shall docket all amendment requests upon receipt to ensure that all requests receive due consideration and are available for review by the public. The planning department will provide an assessment and recommendation on all proposed amendments to be included in the annual docket work program (SMC 17.157.070) and shall forward proposed work program requests with recommendations to the planning commission for briefing and to the city council for decision. This assessment shall include, but not be limited to, the criteria contained in SMC 17.157.080. The city council will review this assessment and decide which amendment request(s) will be considered.

Criteria for prioritizing plan amendment requests will include:

(1) Determining if the request is site-specific;

(2) The order of receipt;

(3) The same area or issue was not reviewed within the last year;

(4) Possibility for incorporation into planned or active projects (if a request can be incorporated into a planned or active project, it may receive immediate consideration);

(5) The proposed amendment is:

(a) Consistent with the vision of the Comprehensive Plan;

(b) Proposes a policy refinement consistent with broad policy objectives; and

(c) Presents a new policy objective supported by the city council.

The city council shall approve the docket work program and refer it to the planning commission for review. (Ord. 1249 § 10, 2009; Ord. 1110 § 3, 2002; Ord. 1084 § 3, 2000; Ord. 1025, 1998).

17.157.060 Submittal requirements.

Applications shall be made on forms prescribed by the planning department, and shall include, at a minimum:

(1) Completed application form;

(2) Application fee;

(3) SEPA checklist and fee;

(4) Vicinity map;

(5) Map showing proposed area for chance (if applicable);

(6) Legal description;

(7) Description of plan amendment;

(8) Summary of project statistics showing site area, building coverage, impervious surface, parking, etc.;

(9) Purpose of the amendment;

(10) Proposed language;

(11) Statement addressing decision criteria;

(12) Narrative describing consistency of amendments to Comprehensive Plan goals and policies;

(13) Address labels;

(14) Concurrency application and fee;

(15) Other information required by the planning director or the application forms. (Ord. 1110 § 3, 2002; Ord. 1025, 1998).

17.157.070 Review of proposed amendments.

The planning department will evaluate the amendment request, collect necessary data, and conduct the appropriate analysis and environmental assessment. The department will solicit comments from the general public, organizations, agencies, other governmental departments and adjacent jurisdictions. The department will then report and make recommendations as appropriate. The department will present the proposed amendments to the planning commission. The planning commission shall conduct a public hearing and make recommendations to the city council concerning proposed amendments. (Ord. 1249 § 11, 2009; Ord. 1110 § 3, 2002; Ord. 1084 § 3, 2000; Ord. 1025, 1998).

17.157.080 Decision criteria.

The city may approve, or approve with modifications or conditions, an application for a Comprehensive Plan amendment if:

(1) The amendment bears a substantial relation to the public health, safety, or welfare;

(2) The amendment is warranted because of changed circumstances or because of a need for additional property in the proposed Comprehensive Plan designation or because the proposed amendment is appropriate for reasonable development of the subject property;

(3) The subject property is suitable for development in conformance with standards under the proposed Comprehensive Plan designation;

 

(4) The amendment will not be materially detrimental to uses or property in the immediate vicinity of the subject property;

(5) The proposed Comprehensive Plan amendment has merit and value for the community as a whole; and

(6) The proposed amendment is consistent with the goals and policies of the Comprehensive Plan. (Ord. 1110 § 3, 2002; Ord. 1025, 1998).

17.157.090 Map change.

Following any approval of an amendment of the comprehensive land use map, the city shall amend the map to reflect the change in Comprehensive Plan designation. (Ord. 1025, 1998).

17.157.100 Concomitant or developer agreement.

The city may enter into a concomitant or development agreement with the applicant as a condition of amending the generalized comprehensive land use map and reclassification, and may through that agreement impose development conditions designed to mitigate potential impacts of the reclassification and development pursuant thereto. A development agreement shall be consistent with applicable development regulations. A development agreement may obligate a party to fund or provide services, infrastructure or other facilities. A development agreement shall reserve authority to impose new or different regulations to the extent required by a serious threat to public health and safety. A public hearing shall be required for both the reclassification of land and the development agreement (RCW 36.70B.180, 36.70B.190 and 36.70B.200). (Ord. 1025, 1998).

17.157.110 Council ordinance – Finality.

If the council determines to adopt an amendment or reclassification, it shall do so by ordinance. This ordinance shall clarify any previous ordinances that would be repealed or modified. The amendment or reclassification ordinance shall also direct the planning director to make the necessary changes to the official comprehensive land use map and zoning map of the city. (Ord. 1025, 1998).

17.157.120 Periodic assessment of Comprehensive Plan amendment need.

The planning commission will monitor the Comprehensive Plan and development regulations that implement the plan and assess the need for the plan and regulatory amendments at least every five years or as required by the Growth Management Act. The commission will prepare and recommend amendments as needed for adoption. This assessment shall consider, but is not limited to, whether:

(1) Growth and development as envisioned in the plan is occurring at a faster, or slower rate than projected;

(2) The capacity to provide adequate services is diminished or increased;

(3) The land availability to meet demand is reduced;

(4) Population or employment growth is significantly different than the plan’s assumptions;

(5) Plan objectives are not being met as specified, and/or the assumptions upon which the plan is based are found to be invalid;

(6) The effect of the plan on land values/housing is contrary to plan goals;

(7) Transportation and/or other capital improvements are not being completed as expected;

(8) A sufficient change or lack of change in circumstances dictates the need for such consideration;

(9) A question of consistency exists between the Comprehensive Plan and its elements and Chapter 36.70A RCW, the County-wide Planning Policies for Snohomish County, VISION 2020: Growth and Transportation Strategy for the Central Puget Sound Region (Multi-County Planning Policies), or development regulations. (Ord. 1110 § 3, 2002; Ord. 1025, 1998).

17.157.130 Amendments considered under emergency situation.

The planning commission and the city council may consider amendments to the Comprehensive Plan as a result of an emergency situation. Situations involving official, legal, or administrative actions, such as those to immediately avoid an imminent danger to public health and safety, prevent imminent danger to public or private property, prevent an imminent threat of serious environmental degradation, or address the absence of adequate and available public facilities or services, decisions by the Central Puget Sound Growth Management Hearings Board or the state or federal courts, or actions of a state agency or office or the State Legislature, affecting Stanwood will be reviewed by the planning commission with advice from the planning director and city attorney to determine if an appropriate “emergency” exists, necessitating an emergency Comprehensive Plan amendment. Capital projects which are fully funded by noncity revenue (i.e., an outside grant) are not considered emergencies and, therefore, amendment of the Comprehensive Plan is not necessary; however, such projects shall be added to the capital facilities program if required during the next annual amendment. (Ord. 1025, 1998).

17.157.140 Concurrent Comprehensive Plan amendment and rezone.

The process for review by the planning commission and the city council shall be the same as provided for in SMC 17.155.030. If the city receives a concurrent application for a site-specific rezone and an amendment to the Comprehensive Plan, then the city will review the application to first determine whether the proposed Comprehensive Plan amendment satisfies the necessary criteria; if it does not, the site-specific rezone will not be considered. (Ord. 1084 § 3, 2000; Ord. 1025, 1998).

17.157.150 Appeals of council decision.

All land use decisions covered under this chapter may be appealed by the process provided for in SMC 17.80.140(4) and 17.80.160. (Ord. 1084 § 3, 2000; Ord. 1025, 1998).

17.157.160 Severability.

If any section, sentence, clause or phrase of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence or phrase of this chapter. (Ord. 1025, 1998).