Chapter 140 – AMENDMENTS TO THE COMPREHENSIVE PLAN

Sections:

140.05    User Guide

140.10    Applicable Process

140.15    Initiation of Proposals

140.20    Threshold Determination for Community-Initiated Requests

140.25    Factors to Consider in Approving an Amendment to the Comprehensive Plan

140.30    Criteria for Amending the Comprehensive Plan

140.35    Emergency Plan Amendment

140.40    Response to a Court or Growth Management Hearings Board Appeal or Decision

140.45    Responsibility To Review

140.05 User Guide

This chapter establishes a mechanism for the City to amend the Comprehensive Plan, Title 17 of the Kirkland Municipal Code. If you are interested in proposing an amendment to the Comprehensive Plan, or if you want to participate in the decision on a proposed amendment, you should read this chapter.

(Ord. 4650 § 1, 2018; Ord. 3975 § 2, 2004)

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140.10 Applicable Process

The City will use Process IV described in Chapter 160 KZC to review and decide upon a proposal to amend the Comprehensive Plan.

A proposal to amend the Shoreline Area Chapter of the Comprehensive Plan requires formal review and approval by the Washington State Department of Ecology as described in Chapter 160 KZC.

(Ord. 4650 § 1, 2018; Ord. 4303 § 1, 2011; Ord. 3975 § 2, 2004)

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140.15 Initiation of Proposals

An amendment to the Comprehensive Plan may be initiated by the City or by the public.

(Ord. 4650 § 1, 2018; Ord. 3975 § 2, 2004)

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140.20 Threshold Determination for Community-Initiated Requests

1.    General – The Planning and Building Department can establish a deadline for submitting community-initiated requests. Applicants will be required to submit an application, a review fee and any other pertinent information determined necessary to consider the request. The community-initiated requests shall only be considered in conjunction with the City’s regular review of the Comprehensive Plan described in KZC 140.45.

2.    Process – Community-initiated requests require a 2-step review process using Process IV described in Chapter 160 KZC:

a.    A threshold review to determine those proposals that are eligible for further consideration; and

b.    A final decision.

3.    Criteria – The City shall use the following criteria in selecting proposals for further consideration. Proposals must meet subsection (3)(a) of this section, and either subsection (3)(b) or (3)(c) of this section:

a.    The City has the resources, including staff and budget, necessary to review the proposal; and

b.    The proposal would correct an inconsistency within or make a clarification to a provision of the Comprehensive Plan; or

c.    All of the following:

1)    The proposal demonstrates a strong potential to serve the public interest by implementing specifically identified goals and policies of the Comprehensive Plan; and

2)    The public interest would best be served by considering the proposal in the current year, rather than delaying consideration to a later neighborhood plan review or plan amendment process; and

a)    The proposal is located in a neighborhood for which a neighborhood plan has not been recently adopted (generally not within two (2) years); and

b)    The proposal is located in a neighborhood for which a neighborhood plan will not be reviewed in the near future (generally not in the next two (2) years).

(Ord. 4749 § 1, 2021; Ord. 4650 § 1, 2018; Ord. 4491 § 3, 2015; Ord. 3975 § 2, 2004)

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140.25 Factors to Consider in Approving an Amendment to the Comprehensive Plan

For both City and community-initiated amendments, the City shall take into consideration, but is not limited to, the following factors when considering approval of a proposed amendment to the Comprehensive Plan:

1.    The effect upon the physical, natural, economic, and/or social environments.

2.    The compatibility with and impact on adjacent land uses and surrounding neighborhoods.

3.    The adequacy of and impact on public facilities and services, including utilities, roads, public transportation, parks, recreation, and schools.

4.    The quantity and location of land planned for the proposed land use type and density.

5.    The effect, if any, upon other aspects of the Comprehensive Plan.

(Ord. 4749 § 1, 2021; Ord. 4650 § 1, 2018; Ord. 3975 § 2, 2004)

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140.30 Criteria for Amending the Comprehensive Plan

The City may amend the Comprehensive Plan only if it finds that:

1.    The amendment must be consistent with the Growth Management Act.

2.    The amendment must be consistent with the countywide planning policies.

3.    The amendment must not be in conflict with other goals, policies, and provisions of the Kirkland Comprehensive Plan.

4.    The amendment will result in long-term benefits to the community as a whole, and is in the best interest of the community.

5.    When applicable, the proposed amendment must be consistent with the Shoreline Management Act and the City’s adopted shoreline master program.

(Ord. 4650 § 1, 2018; Ord. 4303 § 1, 2011; Ord. 3975 § 2, 2004)

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140.35 Emergency Plan Amendment

1.    General – The City may initiate an emergency plan amendment to the Comprehensive Plan outside of the annual plan amendment process. An emergency amendment is an amendment necessary for the immediate protection of public health, safety, property or peace.

2.    Process

a.    The City Council shall hold a public hearing using the process described in KZC 160.40 for notice; KZC 160.45 for staff report; KZC 160.55, 160.65 and 160.70 for public hearing; and KZC 160.90 for publication and effect.

b.    The Planning Official shall notify the Planning Commission in writing about the proposed emergency amendment at least 14 days before the public hearing. If the amendment is within the jurisdiction of the Houghton Community, the Houghton Community Council shall also be notified.

c.    If the proposed amendment is within the jurisdiction of the Houghton Community Council, the Houghton Community Council shall hold a joint hearing with the City Council.

d.    The City Council shall adopt an emergency plan amendment by an appropriate resolution or ordinance that includes a statement of the facts justifying the emergency.

e.    If the City Council approves a resolution or ordinance, it shall become effective within the jurisdictional area of the Houghton Community Council only upon:

1)    Approval by a majority of the entire membership of the Houghton Community Council. Such approval shall be by resolution; or

2)    Failure of the Houghton Community Council to disapprove the resolution ordinance within seven (7) calendar days after City Council approval. The vote to disapprove the resolution or ordinance must be approved by resolution by a majority of the entire membership of the Community Council.

(Ord. 4650 § 1, 2018; Ord. 4072 § 1, 2007; Ord. 3975 § 2, 2004)

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140.40 Response to a Court or Growth Management Hearings Board Appeal or Decision

The City may use the process described in KZC 140.35 to make an amendment to the Comprehensive Plan in response to a court or Growth Management Hearings Board appeal or decision.

(Ord. 4650 § 1, 2018; Ord. 3975 § 2, 2004)

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140.45 Responsibility To Review

According to state law, the City shall review the Comprehensive Plan regularly to determine if any changes are desirable.

(Ord. 3975 § 2, 2004)

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