Chapter 19.17
COMPREHENSIVE PLAN AMENDMENT PROCEDURES
Sections:
19.17.010 Who may propose an amendment.
19.17.020 When to propose an amendment.
19.17.030 How to propose an amendment.
19.17.040 Selection of amendments to be considered.
19.17.050 Review of selected amendments.
19.17.060 Council public hearing and notice.
19.17.100 Emergency amendments.
19.17.120 Transmittal to state.
19.17.010 Who may propose an amendment.
Anyone may propose an amendment to the comprehensive plan. (Ord. 2022-643 § 3; Ord. 98-172 § 1).
19.17.020 When to propose an amendment.
Proposed amendments may be submitted at any time during the year. However, amendments proposed by members of the public after July 15th of each year shall not be considered until the following year’s plan amendment cycle. Amendment cycles shall be no more frequent than once per year, except that amendments may be considered more frequently for the following:
A. The initial adoption of a subarea plan;
B. The adoption or amendment of a shoreline master program under procedures of Chapter 90.58 RCW;
C. To resolve an appeal filed with the Growth Management Hearings Board or with the court;
D. The amendment of the capital facilities element of the comprehensive plan that occurs concurrently with the adoption or amendment of the city’s budget; and
E. As allowed by Chapter 36.70A RCW, as now existing and as amended in the future. (Ord. 2022-643 § 3; Ord. 2014-490 § 2 (Exh. A); Ord. 2005-304 § 3; Ord. 98-172 § 1).
19.17.030 How to propose an amendment.
A proposed amendment must be submitted in writing to the department of community development. A proposed amendment shall consist of at least the following information:
A. A description of the proposal, including any relevant background material;
B. Reference to the element(s) of the comprehensive plan or development regulation that is proposed for amendment;
C. Proposed amendatory language;
D. An explanation of why the amendment is proposed;
E. A description and/or map of the property affected by the proposal; and
F. The appropriate fee, as established by resolution, except that there shall be no charge for a request made by a city department or officer of any government entity. (Ord. 2022-643 § 3; Ord. 98-172 § 1).
19.17.040 Selection of amendments to be considered.
A. Planning Commission Selection Process. Except as provided in subsection (E) of this section, the department of community development will submit all proposed amendments received by July 15th to the planning commission. The planning commission shall recommend to the city council which proposed amendments should be considered for further review in that year’s cycle. The planning commission may modify a proposed amendment during the selection process. The planning commission shall hold a public hearing before it decides which proposed amendments should be recommended for consideration that year. Notice of the hearing shall be given by publication in the city’s official newspaper a minimum of 15 days before the scheduled hearing.
B. Selection Criteria. The planning commission will recommend to the city council which proposed amendments should be considered for further review based on the following criteria:
1. Consideration of the previous record if the amendment was reviewed and denied during a previous comprehensive plan review;
2. The proposed amendment advances goals and policies of the comprehensive plan;
3. The proposed amendment is consistent with the goals and regulations of the Growth Management Act;
4. The relationship of the proposed amendment to other city codes and regulations; and
5. The cumulative effects of all requests for plan amendments.
C. Schedule. After selection of the proposed amendments to be considered, the planning commission will recommend a schedule to the city council that identifies timelines for plan amendment tasks and a schedule and procedures for public participation in accordance with RCW 36.70A.140.
D. City Council Decision. Based on recommendations from the planning commission, the council will identify those proposed amendments it will consider for adoption in that year’s adoption process and will establish a plan amendment schedule. The council may modify a proposed amendment during the selection process. The council’s decision to consider a proposed amendment does not preclude later council action to add, delete, or modify the amendment.
E. A proposed amendment to the capital facilities element of the comprehensive plan that occurs concurrently with the adoption or amendment of the city’s budget shall be processed and reviewed as a Type VI approval decision under NMC 19.07.030. The city council shall hold a public hearing on such proposed amendments, and notice of the hearing shall be published in the same manner set forth in NMC 19.11.040(B). (Ord. 2022-643 § 3; Ord. 2015-532 § 3; Ord. 2014-490 § 2 (Exh. A); Ord. 2001-248 § 47; Ord. 98-172 § 1).
19.17.050 Review of selected amendments.
A. Written Analysis. For each proposed amendment that the council approves for consideration, the lead department, as determined by the city manager, will prepare a written analysis for the planning commission. The analysis will be accompanied by a recommendation that the proposed amendment be approved, denied, or changed and approved.
B. SEPA Review. All applicants shall be responsible for the costs of SEPA review for the proposed amendment, including the preparation of an environmental impact statement, if necessary. SEPA review shall be completed before the lead department submits its analysis to the planning commission.
C. Planning Commission Review. Subsequent to completion of the analysis prepared by the lead department and the SEPA review, if required, the planning commission shall conduct one or more public hearings. The planning commission shall also solicit comments regarding the proposed amendment(s) from the public or from government agencies in any other manner it determines necessary and appropriate to the nature of the proposed amendment and consistent with RCW 36.70A.140. The notice and public hearing for proposed comprehensive plan or development regulation amendments may be combined with any notice or public hearing for proposed amendments to the land use code or for other actions of the planning commission. Written comments may be given by anyone to the planning commission regarding proposed plan amendments.
D. Review Criteria. By the date established by the council in NMC 19.17.040(C), a comprehensive plan or development regulation amendment may be approved or approved with modifications, subject to the following:
1. Each amendment:
a. Shall not adversely affect public health, safety, or welfare in any significant way.
b. Shall be consistent with the overall goals and intent of the comprehensive plan.
c. Shall be in compliance with the Growth Management Act and other state and federal laws.
d. Must be weighed in light of cumulative effects of other amendments being considered.
2. In addition to the above mandatory requirements, any proposed amendment must meet the following criteria unless compelling reasons justify its adoption without meeting them:
a. Addresses needs or changing circumstances of the city as a whole or resolves inconsistencies between the city of Newcastle comprehensive plan and other city or other jurisdictions’ plans or ordinances.
b. Environmental impacts have been disclosed and/or measures have been included that reduce possible adverse impacts.
c. Is consistent with the land uses and growth projections which were the basis of the comprehensive plan or to subsequent updates to growth allocations.
d. Is compatible with neighboring land uses and surrounding neighborhoods, if appropriate.
e. Is consistent with other plan elements and the overall intent of the comprehensive plan.
Any compelling reasons relied upon to justify adopting an amendment without meeting the above criteria must be specified in the ordinance adopting the amendment. Where an amendment to the comprehensive plan is granted by the city council and a subsequent rezone or amendment to development regulations is required, the planning commission may consider them and make recommendations to the city council for consideration concurrent with the final approval of the comprehensive plan. (Ord. 2022-643 § 3; Ord. 98-172 § 1).
19.17.060 Council public hearing and notice.
The city council will review the recommendations of the planning commission and may hold a public hearing for the purpose of receiving public comment regarding the merits of proposed amendments that have been recommended by the planning commission. Notice of the hearing will be given in the same manner as notice of other city council hearings. The notice and public hearing for proposed comprehensive plan or development regulation amendments may be combined with any notice or public hearing for proposed amendments to the land use code or for other actions of the city council. Written comments may be given by anyone to the city council regarding proposed plan amendments. (Ord. 2022-643 § 3; Ord. 98-172 § 1).
19.17.070 Council action.
Upon receipt of a recommendation from the planning commission, the city council shall either adopt, adopt as modified by the council, reject or remand the proposed amendment to the planning commission for further consideration. (Ord. 2022-643 § 3; Ord. 98-172 § 1).
19.17.080 Map revisions.
If the city council approves a change in a designation, the city council shall adopt an ordinance that makes the changes on the official comprehensive plan map, if appropriate. (Ord. 2022-643 § 3; Ord. 98-172 § 1).
19.17.090 Revocation.
The comprehensive plan amendment may be reversed by the city council outside of the regular amendment period upon the finding of any of the following:
A. The approval was obtained by fraud or other intentional or misleading representations;
B. The amendment is being implemented contrary to the intended purpose of the amendment or other provisions of the comprehensive plan and city ordinances; or
C. The amendment is being implemented in a manner that is detrimental to the public health or safety. (Ord. 2022-643 § 3; Ord. 98-172 § 1).
19.17.100 Emergency amendments.
The comprehensive plan may be revised or amended outside of the schedule indicated, if findings are adopted by resolution to show that the amendment was necessary due to an emergency situation of a neighborhood or city-wide significance. The nature of the emergency and proposed amendment shall be explained to the city council, which shall decide whether or not to allow the proposal outside of the normal amendment schedule. (Ord. 2022-643 § 3; Ord. 98-172 § 1).
19.17.110 Appeals.
Appeal of a city council decision on a comprehensive plan amendment is governed by state law. (Ord. 2022-643 § 3; Ord. 98-172 § 1).
19.17.120 Transmittal to state.
The city council will transmit a copy of each proposed amendment of the comprehensive plan to the State of Washington Department of Community, Trade, and Economic Development at least 60 days prior to the expected date of final city council action on that proposed amendment. The city council will transmit a copy of all adopted amendments of the comprehensive plan to the Department of Community, Trade and Economic Development within 10 days after adoption by the council. (Ord. 2022-643 § 3; Ord. 98-172 § 1).