Chapter 18.130
AMENDMENTS Revised 3/18 Revised 12/18

Sections:

18.130.010    Purpose.

18.130.020    Amendment to Use Permit or Preliminary Plat. Revised 3/18 Revised 12/18

18.130.030    Major Amendment to Use Permit.

18.130.040    Major Amendment to Preliminary Plat.

18.130.010 Purpose.

The purpose of this Section is to define types of amendments to permits and approvals and to identify procedures for those actions. (Ord. 2013-85 § 1 (part), 2013; Ord. 2013-30s2 § 4 (part), 2013)

18.130.020 Amendment to Use Permit or Preliminary Plat. Revised 3/18 Revised 12/18

This Section provides the criteria and limitations for amending an approved use permit or preliminary plat, including conditions of approval. Modifications of projects shall first be evaluated and then, depending on the extent of the modifications, a process as identified below will be followed:

A.    Administrative. The County will evaluate each modification and offer design solutions in a collaborative manner with the project proponent. Proposed changes that do not increase impacts to surrounding property owners or modify the intent of the original decision may be considered. In those instances where the modification increases adverse impacts, such as stormwater, traffic, reduced open space, or noise, in a manner that was not disclosed in this project approval, minor or major amendment procedures shall be followed.

B.    Minor Amendment. Minor amendments address those changes to an approval that fall within the scope of the original approval and do not increase impacts to surrounding properties.

1.    Any additions or expansions proposed through minor amendments that individually or cumulatively exceed the requirements of this Section shall be reviewed as a major amendment and shall be subject to current development regulations.

2.    Residential building home elevations/design for urban residential single-family detached Planned Development Districts (PDDs) may be amended through the minor amendment process provided the design requirements of Table 18A.75.050-1 are met.

3.    Required Written Findings and Determinations. The Director's written decision on a minor amendment shall include findings and conclusions, based on the record, to support the decision. A finding that addresses the applicability of any specific conditions of approval from the original permit shall be required. A proposed minor amendment shall not be approved unless the Director makes written findings that:

a.    Any change of use, or modification of housing type, is permitted outright in the current zone classification;

b.    Proposed changes to conditions of approval fall within the scope of the original approval and comply with the intent of the original condition;

c.    Proposed changes to conditions of approval or the proposal do not result in increased impacts to the surrounding property owners or modify the intent of the original decision. Impacts may include, but are not limited to, stormwater, traffic, open space, or noise;

d.    The perimeter boundary of the original site is not being increased 5 percent of the original area;

e.    The change does not increase the overall residential density of the project;

f.    The proposal does not add more than 25 percent gross square footage of structures to the site;

g.    The proposal does not increase the overall hard surface on the site by more than 25 percent;

h.    Access points are not reduced, increased or significantly altered; and

i.    The proposal does not reduce designated open space.

4.    Approvals. The Director has the authority to approve or deny any proposed minor amendment and may impose additional or altered conditions and requirements as necessary to assure that the proposal conforms with the intent of the Comprehensive Plan, applicable community plans, and other applicable County codes and state laws.

(Ord. 2017-89s § 1 (part), 2018; Ord. 2017-28s § 6 (part), 2017; Ord. 2013-85 § 1 (part), 2013; Ord. 2013-30s2 § 4 (part), 2013)

18.130.030 Major Amendment to Use Permit.

A.    General Requirements. The following is required for all proposed amendments to a use permit that exceed the minor amendment criteria, PCC 18.130.020 A.4.

1.    Applications for Major Amendment shall follow the notice and review procedure required for the original application type.

2.    Any modification that requires a permit other than the type granted for the original application shall require the new permit type.

3.    A finding that addresses changes to any specific conditions of approval for the original permit shall be included in the final written decision.

B.    Approvals. The Examiner has the authority to approve or deny any proposed major amendment and may impose additional or altered conditions and requirements as necessary to assure that the proposal conforms with the intent of the Comprehensive Plan, applicable community plans, and other applicable County codes and state laws.

(Ord. 2013-85 § 1 (part), 2013; Ord. 2013-30s2 § 4 (part), 2013)

18.130.040 Major Amendment to Preliminary Plat.

A.    General Requirements. The following is required for all proposed amendments to a preliminary plat that exceed the minor amendment criteria, PCC 18.130.020 A.4.

1.    The Department shall set a date for public hearing before the Examiner after all requests for additional information or plan correction, as set forth in PCC 18.60.020 B., have been satisfied and, if applicable, either a determination of non-significance (DNS or MDNS) or EIS (FEIS or FSEIS), if required, has been issued. The public hearing shall follow the procedures set forth in Chapter 18.80 PCC, Notice, and Chapter 1.22 PCC, Pierce County Hearing Examiner Code.

2.    Any amendment that requires a permit other than those granted in conjunction with the original preliminary plat approval shall require the approval of such permit before or with the decision on the proposed major amendment.

3.    The Examiner's written decision on the major amendment shall include findings and conclusions, based on the record, to support the decision. The Examiner shall inquire into the public use and interest proposed to be served by the amendment of the subdivision and dedication. A proposed major amendment shall not be approved unless the Examiner makes written findings that:

a.    The proposed major amendment addresses all applicable conditions of approval for the original permit;

b.    Appropriate provisions are made for, but not limited to, the public health, safety and general welfare, for open spaces, critical areas, drainage ways, streets or roads, alleys, other public ways, transit stops, potable water supplies, sanitary wastes, parks and recreation, playgrounds, schools and school grounds and all other relevant facts, including sidewalks and other planning features that assure safe walking conditions for students who walk to and from school; and

c.    The public use and interest will be served.

B.    Approvals. The Examiner has the authority to approve or deny any proposed major amendment and may impose additional or altered conditions and requirements as necessary to assure that the proposal conforms with the intent of the Comprehensive Plan, applicable community plans, and other applicable County codes and state laws.

(Ord. 2013-85 § 1 (part), 2013; Ord. 2013-30s2 § 4 (part), 2013)