Chapter 18.110
LAND USE PERMITS AND DECISIONS
Sections:
18.110.010 Conditional Use Permits.
18.110.030 Site-specific rezones.
18.110.050 Amendment of the comprehensive plan.
18.110.010 Conditional Use Permits.
A. Purpose and Applicability. The purpose of this chapter is to set forth the procedure and decision criteria for review of applications for Conditional Use Permits. A Conditional Use Permit is the mechanism by which the City may gather input through an open record hearing and place special conditions on the use or development of land. The provisions of this chapter apply to all Conditional Use Permit applications except where Chapter 14.05 MVMC, Shoreline Management, applies.
B. Procedure – Conditional Use Permits. The Hearing Examiner may approve, approve with conditions, or deny Conditional Use Permits using Process 3 under the circumstances set forth in this chapter.
C. Decision Criteria – Conditional Use Permits. The Hearing Examiner may grant a Conditional Use Permit only when all the following criteria are met.
1. The proposal is consistent with the comprehensive plan;
2. The proposal complies with applicable requirements of this code;
3. The proposal is compatible with and incorporates specific features or conditions that ensure it responds appropriately to the existing as well as the intended character of the site and the surrounding properties;
4. The proposal will not be materially detrimental to uses or properties in the immediate vicinity; and
5. The proposal will be served by adequate public facilities including but not limited to streets, water, sewer, schools, and fire protection.
D. Revision of Conditional Use Permits.
1. General. An approved Conditional Use Permit may be revised in one of three ways, depending on the magnitude of the changes proposed. A new Conditional Use Permit is required for major changes, including changes in access points, expansion of site area, or substantial expansions of gross floor area. An administrative amendment to the prior approval may be applied for if the Director determines the changes are moderate but still within the general scope of the original approval. A limited amendment to the prior approval may be applied for if the Director determines the changes are minor and more technical in nature and if all conditions of the prior approval continue to be met.
2. Administrative Amendment. Moderate revisions to an approved Conditional Use Permit may be reviewed as an administrative amendment using Process 2. The administrative amendment shall be approved only if all of the following criteria are met:
a. The amendment maintains the design intent or purpose of the original proposal;
b. The amendment does not change vehicular access points or increase anticipated peak hour vehicle trips by more than 10 percent;
c. The site area is not expanded and gross floor area is not increased by more than 10 percent;
d. The amendment results in no major adverse environmental or land use impacts.
3. Limited Amendment. Minor revisions to an approved Conditional Use Permit may be reviewed as a limited amendment using Process 1. The limited amendment shall be approved only if all the following criteria are met:
a. The amendment maintains the design intent or purpose of the original proposal;
b. The amendment does not change vehicular access points or increase anticipated peak hour vehicle trips by more than five percent;
c. The site area is not expanded and gross floor area is not increased by more than five percent;
d. The amendment results in no major adverse environmental or land use impacts;
e. All conditions of the prior approval are met. (Ord. O-16-598 § 1(B) (Exh. B); Ord. O-99-109 § 1).
18.110.020 Design review.
A. Purpose and Applicability. The purpose of this chapter is to set forth the procedures and approval criteria for reviewing design review applications. Design review is the mechanism by which the City ensures the design standards of Chapter 18.70 MVMC are met. This chapter applies to each application for new construction or exterior remodels in the CB, TC, NB, REC, RLTC, R-8 (for townhouse development of five or more units), R-12, R-18/24, and PRO zones if the community design standards and requirements apply. In the PRO zone, the commercial design standards apply.
B. Procedure for Reviewing Design Review Applications. The Department of Community Development shall have authority to consider and decide design review applications using Process 2, except when the application is consolidated with a Process 3 or Process 4 application. When design review is consolidated with a Process 3 or 4 application, the higher level decision making process shall control. If Process 2 is used, the decision of the Department is appealable to the Hearing Examiner, whose decision is the final City decision (with optional right of reconsideration). The Hearing Examiner’s decision on a design review appeal is only appealable to Superior Court.
C. Design Review Decision Criteria. The Department of Community Development may grant a design review approval, or grant the application as modified by conditions, when the following conditions are met:
1. The proposal is consistent with the comprehensive plan;
2. The proposal addresses all applicable design standards, criteria or requirements of this code in a manner that generally fulfills their purpose and intent. Minor modifications to the design standards may be allowed by the Director where the standards conflict and where a flexible interpretation will allow compliance with the intent of the conflicting requirements;
3. The proposal is compatible with and responds appropriately to the intended character of the site and surrounding property, including appearance, scale, pedestrian and vehicular access, quality of materials, and physical characteristics of the site;
4. The proposal will be served by adequate public facilities, including but not limited to streets, fire protection, water, sewer, and drainage utilities.
D. Revisions to Design Review Approvals. A design review approval may be revised by using a new application reviewed under Process 2, or for small additions and minor revisions or minor new construction a limited amendment may be applied for. The Director may approve a limited amendment for a design review application using Process 1 if the following criteria are met:
1. The amendment maintains the design intent or purpose of the original proposal;
2. The amendment does not change vehicular access points or increase anticipated peak hour vehicle trips by more than five percent;
3. The site area is not expanded and gross floor area is not increased by more than five percent;
4. The amendment results in no major adverse environmental or land use impacts;
5. All conditions of the prior approval are met.
E. Design and site development review approvals shall terminate five years from the effective date of approval. The approval of the design and site development review may be extended for up to one year at the discretion of the Community Development Director upon written notification filed with the City at any time before the five-year approval period has expired, provided substantial construction or alteration has occurred as of the date of request for extension as characterized by the adopted building codes. (Ord. O-16-598 § 1(B) (Exh. B); Ord. O-12-499 § 12; Ord. O-12-490 § 12; Ord. O-11-444 § 1; Ord. O-10-415 § 8; Ord. O-99-109 § 1).
18.110.025 Design deviation.
A. Purpose and Applicability. The purpose of this chapter is to set forth the procedures and approval criteria for reviewing design deviations. If a deviation from standards set forth in the design standards is proposed, this chapter applies.
B. The Director of the Department of Community Development, or his designee, shall have the authority to decide upon a design deviation using Process 2 per Chapter 18.100 MVMC. Only if a proposal also has a design review pending may a design deviation be processed. The design review and design deviation shall be processed concurrently.
C. Decision Criteria. The Director may grant approval of the application for design deviation, grant approval of the application with conditions, or deny the application. The Director may grant the application when the applicant has demonstrated that the following criteria are met:
1. There are special circumstances applicable to the project site for which the design deviation is being requested; and
2. The design deviation is consistent with the overall goals of the design standards; and
3. The design deviation allows for a better design overall; and
4. The project for which a design deviation is being considered provides additional amenities and attributes that mitigate potential impacts; and
5. The design deviation is consistent in all other respects with the development regulations other than Chapter 18.70 MVMC.
6. Process 2 Design Deviation applications shall be submitted prior to and included in the initial Notice of Application or shall require Process 2 noticing pursuant to MVMC 18.100.190. (Ord. O-16-598 § 1(B) (Exh. B); Ord. O-10-415 § 9; Ord. O-05-304 § 5).
18.110.030 Site-specific rezones.
Site-specific rezones require a comprehensive plan amendment pursuant to MVMC 18.110.050. (Ord. O-16-598 § 1(B) (Exh. B); Ord. O-03-223 § 3; Ord. O-99-109 § 1).
18.110.040 Variances.
A. Purpose and Applicability. The purpose of this section is to set forth the procedures and approval criteria for reviewing variance applications. A variance is the mechanism by which an adjustment is made to specific regulations being applied to a particular piece of property. This chapter applies to each application for a variance to any bulk regulation, dimensional standard, or general development standard of this code, except for shoreline variances (see Chapter 14.05 MVMC) and modifications or exceptions to the critical areas regulations (see Chapter 18.60 MVMC).
B. Procedure for Reviewing Variances. The Department of Community Development shall have authority to consider and decide variance applications using Process 2, except when the variance application is consolidated with a Process 3 or Process 4 application. When a variance is consolidated with a Process 3 or 4 application, the higher level decision making process shall control. If Process 2 is used, the decision of the Department is appealable to the Hearing Examiner, whose decision is the final City decision (with optional right of reconsideration). The Hearing Examiner’s decision on a variance appeal is only appealable to superior court.
C. Variances — Decision Criteria. The Director of Community Development may grant a variance request, or grant the request as modified by conditions, when the request is found to be in harmony with the general purpose and intent of this code. In addition, before any variance may be granted, it must be shown that:
1. The variance will not constitute a grant of special privilege inconsistent with the limitations upon uses of other properties in the vicinity and zone of the subject property;
2. The variance is necessary because of special circumstances relating to the size, shape, topography, location or surroundings of the subject property in order to provide it with use rights and privileges permitted to other properties in the vicinity and zone;
3. The granting of the variance will not be materially detrimental to the public welfare or injurious to the property or improvements in the vicinity and zone in which the subject property is located;
4. The variance is generally consistent with the comprehensive plan; and
5. The variance is not required due to a self-created circumstance.
D. Limitations on Authority. The decision maker may not grant a variance to:
1. The provisions of Chapter 18.30 MVMC establishing the allowable uses in each land use zone.
2. Any procedural, administrative, or enforcement provision of the land use code.
3. Any provision of the code which by its terms is not subject to a variance or which requires a separate process such as, but not limited to, a reasonable use exception to the critical areas requirements of Chapter 18.60 MVMC or applicable Shoreline Management Act requirements.
E. Life of Variance Approval. A variance shall run with the land in perpetuity if a complete Building Permit application is filed within one year of the granting of a variance related to proposed future construction. For variance approvals that do not require a Building Permit, the variance must be recorded with the King County Assessor’s Department within 60 days following the City’s final action. Compliance with any conditions of a variance approval is the responsibility of the current owner of the property, whether that is the original applicant or a successor. (Ord. O-16-598 § 1(B) (Exh. B); Ord. O-99-109 § 1).
18.110.050 Amendment of the comprehensive plan.
A. Purpose and Applicability. The purpose of this section is to establish the procedure and criteria to amend the City’s comprehensive plan, including both policy amendments and amendments to the future land use map. An amendment to the comprehensive plan is a mechanism by which the City may modify its land use, development, or growth policies in order to respond to changing circumstances or needs of the City. This section applies to each application or proposal affecting the comprehensive plan.
B. Who May Initiate.
1. The City Council or the Planning Commission may initiate consideration of an amendment to the comprehensive plan map or goals and policies.
2. A property owner may file an application for an amendment to the comprehensive plan future land use map affecting only his or her own property.
3. Any resident, property owner, or business owner in the City may file an application to amend the goals or policies of the comprehensive plan.
4. Any person may request that the City Council or Planning Commission initiate an amendment to the goals or policies of the comprehensive plan.
C. Time to Initiate.
1. The City Council or the Planning Commission may initiate consideration of an amendment to the comprehensive plan map or goals and policies at any time.
2. Subject to subsection (C)(3) of this section, a property owner may file an application for an amendment to the comprehensive plan future land use map between January 1st and March 31st of any year. At any other time during the year, a property owner may request that the Planning Commission or City Council initiate consideration of an amendment to the comprehensive plan future land use map.
3. A resident, property owner, or business owner in the City may file an application to amend the goals or policies of the comprehensive plan between January 1st and March 31st of any year. At any other time during the year, a resident, property owner, or business owner may request that the Planning Commission or City Council initiate consideration of an amendment to the goals or policies of the comprehensive plan.
4. A property owner may not file an application for an amendment to the comprehensive plan future land use map unless at least three years have elapsed since the adoption or reaffirmation of the future land use map designation that would be changed by the proposed amendment. This time limit does not apply if the applicant submits a proposal different from one previously considered and not approved, or proves that there exists obvious technical error justifying the need for the amendment.
5. Regardless of the time of the application or the initiator of the proposal, the comprehensive plan may be amended only once each year (RCW 36.70A.130), subject to the exemptions in RCW 36.70A.130(2)(a), as now in effect or as may be subsequently amended. The City Council will review all Planning Commission recommendations and forward a consolidated amendment package to the State of Washington Office of Community Development at least 60 days prior to adoption. Whenever an emergency exists the City may adopt amendments to the comprehensive plan, consistent with RCW 36.70A.130(2)(b), as now in effect or as may be subsequently amended.
D. Applicable Procedure.
1. The City will process an amendment to the comprehensive plan using Process 5 (MVMC 18.100.170).
2. The Growth Management Act (RCW 36.70A.130) allows jurisdictions to amend their comprehensive plans only once per year, except for certain exemptions and “emergencies.” At least 60 days prior to adoption, the City will send its annual package of comprehensive plan amendments to the Office of Community Development (OCD), and to other agencies as directed by OCD, for review and comment.
E. Submittal Requirements.
1. The Director shall specify the submittal requirements, including type, detail and number of copies, for a comprehensive plan amendment application to be deemed complete and accepted for processing.
2. The Director may waive specific submittal requirements determined to be unnecessary for review of an application.
F. Decision Criteria. The Planning Commission may recommend and the City Council may approve or approve with modifications an amendment to the comprehensive plan if:
1. There exists obvious technical error in the pertinent comprehensive plan provision; or
2. The applicant has carried the burden of proof and produced evidence sufficient to support the conclusion that the application merits approval or approval with modifications; and
3. The amendment bears a substantial relation to the public health, safety or welfare; and
4. The amendment addresses changed circumstances on the site or the needs of the City as a whole; and
5. The amendment is compatible with or complementary to the provisions of the comprehensive plan or other goals or policies of the City; and
6. If applicable to an identifiable property, the amendment is compatible with the existing or intended adjacent development on properties in the vicinity; and
7. The amendment will result in development which will not adversely impact community facilities and public infrastructure including but not limited to utilities, transportation, parks or schools; and
8. If applicable to an identifiable property, the site is suitable for development in general conformance with the City’s development regulations. (Ord. O-16-598 § 1(B) (Exh. B); Ord. O-01-167 § 1. Formerly 18.110.060).