Chapter 18.04
GENERAL PROVISIONS

Sections:

18.04.010    Comprehensive plan amendments – Purpose and introduction.

18.04.020    Annual amendment process.

18.04.030    Exception to annual amendment.

18.04.040    Preparation of the proposed amendment list (PAL).

18.04.050    Application for comprehensive plan amendment.

18.04.060    Plan amendment process.

18.04.070    Criteria for evaluation of comprehensive plan amendments.

18.04.080    Severability.

18.04.010 Comprehensive plan amendments – Purpose and introduction.

The purpose of this chapter is to establish procedures for amending the comprehensive plan. The Growth Management Act allows amendments to comprehensive plans only once per year, except in specified unique or emergency situations. The comprehensive plan amendment process set forth in this chapter requires the city to compile and process a list of proposed amendments to the comprehensive plan. This proposed amendments list (PAL) will be derived from two sources. First, suggested amendments will be received from citizens, property owners, project proponents, staff, hearing examiner, the planning commission, city council or other agencies. This chapter establishes a process to determine which of these suggested amendments will be placed on the proposed amendments list. Second, the city will receive applications for specific project-related or site-specific amendments to the comprehensive plan. Such applications shall be automatically placed on the proposed amendments list. (Ord. 2441 § 2, 2003; Ord. 2085 § 2, 1996)

18.04.020 Annual amendment process.

Except as provided in LMC 18.04.030:

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

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

C. Proposals may be considered at separate meetings or hearings, so long as the final action taken considers the cumulative effect of all the proposed amendments to the plan. (Ord. 2441 § 2, 2003; Ord. 2085 § 2, 1996)

18.04.030 Exception to annual amendment.

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

A. 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.

B. Initial adoption of an identified subarea plan designed to comply with the Growth Management Act and to be consistent with the city’s comprehensive plan.

C. Adoption of comprehensive plan designation(s) associated with an annexation and intended to take effect upon annexation, or other date specific.

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

Determination of an exception to the annual amendment process shall be made by the city council after recommendation by the planning commission. Proposed comprehensive plan amendments which are reviewed outside the annual amendment process shall be processed according to LMC 18.04.050, 18.04.060, and 18.04.070. (Ord. 2441 § 2, 2003; Ord. 2085 § 2, 1996)

18.04.040 Preparation of the proposed amendment list (PAL).

A. Annual List of Suggested Amendments. The development and business services director shall compile and maintain for public review an annual list of suggested amendments to the comprehensive plan or subarea plans that are citywide in nature and that are not for personal gain, project-related or site-specific.

B. Public Participation Process – Suggested Amendments.

1. The annual amendment process shall generally follow the citizen involvement program contained in the introduction element of the comprehensive plan and shall provide for early and continuous public involvement with broad dissemination of proposals and alternatives, opportunity for written comments, public meetings after effective notice, provisions for open discussion, communication programs, information services, and consideration and response to public comments.

2. The deadline for receipt of suggested plan amendments shall be 5:00 p.m. on April 1st of each year, or the nearest working day if April 1st falls on a weekend.

3. General public notice shall be given at least 60 days prior to the application deadline to inform the public of the annual plan amendment process, the deadline for plan amendment suggestions and applications and how to obtain additional information.

C. Planning Commission and City Council Review.

1. Immediately following the April 1st deadline for suggested amendments, the director of development and business services shall recommend a list of suggested amendments for inclusion on the proposed amendments list for processing. The director shall base the recommendation on a preliminary evaluation of the need, urgency, and appropriateness of the suggested plan amendments, and the criteria set forth in the implementation element of the comprehensive plan.

2. The director’s recommendation, and a brief description of each suggested plan amendment, shall be forwarded to the planning commission for review and consideration. The planning commission shall hold a public hearing to accept public comments on any or all of the suggested amendments and to consider any additional suggestions for inclusion on the proposed amendments list that may be offered. The planning commission’s recommended proposed amendments list shall then be finalized and forwarded to the city council. The commission shall base its recommendations on its preliminary evaluation of the need, urgency and appropriateness of the suggested plan amendments, and the criteria set forth in the implementation element of the comprehensive plan.

3. The city council shall consider the planning commission’s recommendations, and may hold another public hearing. The city council shall determine which items shall be included in the annual amendment process. The city council shall base this decision on the same criteria used by the planning commission. (Ord. 3399 § 2 (Exh. A), 2021; Ord. 2441 § 2, 2003; Ord. 2239 § 1, 1999; Ord. 2085 § 2, 1996)

18.04.050 Application for comprehensive plan amendment.

The city will review a formal application for a specific project-related or site-specific comprehensive plan amendment filed by proponents of land development projects, property owners, citizens, hearing examiner, other agencies or other interested persons.

Applications for plan amendments shall be processed as follows:

A. Application Submittal Requirements. The applicant shall:

1. Deposit funds or post bond for required fees and costs as set forth in Chapter 3.104 LMC;

2. Complete required submittal documents on forms of the development and business services department, that include at a minimum:

a. Name and address of applicant;

b. Description of proposed plan amendment and associated development proposals (if applicable). Project-related amendments shall include plans, information and/or studies that accurately depict existing and proposed use(s) and improvements. Proposed plan amendments that do not specify proposed use(s) and potential impacts will be assumed to have maximum impact to the environment, and public facilities and services;

c. Map (if appropriate) showing area affected by proposed plan amendment;

d. Narrative evaluation showing how the amendment and associated development proposals (if any):

i. Promote the public health, safety, and welfare;

ii. Are consistent, or in conflict with, or otherwise related to the criteria in the implementation element of the comprehensive plan;

iii. Comply with GMA; and

iv. Address potential impact and proposed mitigation relating to the environment, and public facilities and services;

3. The development and business services director may request the applicant submit additional information that in the director’s opinion is reasonably necessary and appropriate for review of the proposed amendment.

B. Application Submittal Deadline. The deadline for receipt of formal amendment applications shall be 5:00 p.m. on April 1st of each year, or the nearest working day if April 1st falls on a weekend. (Ord. 3399 § 2 (Exh. A), 2021; Ord. 2656 §§ 1, 2, 2006; Ord. 2441 § 2, 2003; Ord. 2242 § 3, 1999; Ord. 2239 § 2, 1999; Ord. 2085 § 2, 1996)

18.04.060 Plan amendment process.

A. The annual amendment process shall be guided by the general process and schedule outlined in the implementation element of the comprehensive plan.

B. Planning Commission Recommendation. The planning commission, after studying each proposal on the proposed amendments list, and after holding a public hearing to accept public comments on each, shall recommend to the city council that each proposed amendment(s) be denied, approved, or approved with conditions or modifications. The planning commission’s recommendation shall be based upon criteria set forth in the implementation element of the comprehensive plan.

C. City Council Decision. The city council shall review the recommendations of the planning commission and any comments offered by other agencies, and shall hold a public hearing to accept any additional public comments prior to the final decisions. The council shall approve, deny, or approve with conditions or revisions to the proposed amendment(s). The council’s decision shall be based on criteria set forth in implementation element of the comprehensive plan. (Ord. 2441 § 2, 2003; Ord. 2085 § 2, 1996)

18.04.070 Criteria for evaluation of comprehensive plan amendments.

The criteria to be used in the review and approval of plan amendment requests are contained in the implementation element of the Lynnwood comprehensive plan. (Ord. 2441 § 2, 2003; Ord. 2085 § 2, 1996)

18.04.080 Severability.

If any section, subsection, sentence, clause, phrase or word of this chapter should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase or word of this chapter. (Ord. 2085 § 3, 1996; Ord. 60 § 7, 1960)