Chapter 22.25 AMENDMENTS

Chapter 22.25
AMENDMENTS

Sections:

22.25.020 Development regulation and zoning map amendments.

22.25.010 Purpose.

This title and the official zoning map may be amended whenever required by public necessity, convenience or welfare. The purpose of this chapter is to establish authority and procedure for such amendments.

(Ord. 688 § 1 (Exh. C), 2017).

22.25.020 Development regulation and zoning map amendments.

A. Amendments. This chapter provides the method for amending the text and tables of the City’s development regulations and the zoning map. Development regulations include zoning, subdivision, shoreline master program, critical areas, buildings and construction, public works, and other municipal code provisions that regulate the use and development of land. Amendments to development regulation text and tables are legislative amendments. In addition, changes to the zoning map that are Citywide, area-wide, or have area-wide significance are legislative amendments. All other site-specific map amendments (or “rezones”) are quasi-judicial amendments. Legislative and quasi-judicial amendments shall be processed as provided in this chapter. Quasi-judicial rezones shall be consistent with the land use designations in the City’s comprehensive plan.

B. Rezones Versus Redesignations. A “rezone” shall mean the change of a zone classification on the City’s zoning map and is subject to the provisions of this chapter. A “redesignation” is a change of a comprehensive plan land use designation and is subject to the provisions contained in UPMC Title 16. When a proposal requires both a redesignation and a rezone, the following shall apply:

1. A redesignation and a legislative rezone may be conducted in phases or concurrently, provided final action is first taken on the redesignation.

2. A redesignation and a quasi-judicial rezone may be conducted in phases, or they may be conducted concurrently provided final action is first taken on the redesignation and further provided the applicant submits a written waiver of the deadline for issuance of a final decision of the rezone, which is 120 days from the City making a determination that a project permit application is complete.

C. Any interested person, including applicants, citizens, City Council, Planning Commission, Hearings Examiners, City staff, or staff of other agencies, may request amendments to development regulations or zoning map.

D. Application Required. For the purpose of advising and informing an applicant of the procedural requirements and to ensure that an application is in satisfactory form, the Department may encourage applicant attendance at a preapplication conference.

1. The Department shall provide the application forms and submittal requirements for amendments.

2. No amendment shall be processed until the Director determines that the information necessary to review and decide upon the amendment is complete.

3. An application fee may be required, adopted by separate resolution.

(Ord. 688 § 1 (Exh. C), 2017).

22.25.030 Legislative amendments.

A. Amendments. Amendments to development regulation text and tables and rezones of area-wide significance are legislative actions and shall be considered by the City Council following review and recommendation by the Planning Commission.

B. Requests Docket. Requested legislative amendments shall be docketed and considered by the Planning Commission and City Council at least on a biannual basis, consistent with the provisions of Chapter 36.70A RCW.

C. Staff Report. The Director shall prepare a written report on each legislative amendment pending before the Planning Commission. The report shall be provided to the Planning Commission and any parties of record before the public hearing. Each report shall contain:

1. Any proposed factual findings of the City department proposing the amendment;

2. Any comments from City departments, agencies, districts and other interested parties;

3. The environmental assessment or copy of any environmental determination or final environmental impact statement; and

4. The Department’s recommendations on the amendment.

D. Public Hearing Required by Planning Commission. The Planning Commission shall give notice and hold at least one public hearing prior to a recommendation for adoption or amendment of any amendment. Alternatively, the Planning Commission may hold a joint public hearing with the City Council.

E. Recommendation by Planning Commission. Each determination recommending a legislative amendment shall be supported by written findings and conclusions showing the following:

1. That the proposed amendment is consistent with the goals, objectives and policies of the comprehensive plan;

2. That the proposed amendment is in the best interest of the citizens and property owners of the City;

3. That the proposed amendment enhances the public health, safety, comfort, convenience, or general welfare;

4. For rezone requests, that the proposed amendment to the zoning map is consistent with the scope and purpose of UPMC Title 19, and the description and purpose of the zone classification applied for;

5. For rezone requests, that there are sufficient changed conditions since the previous zoning became effective to warrant the proposed amendment to the zoning map;

6. For rezone requests, that the proposed amendment to the zoning map will not be materially detrimental to uses in the vicinity in which the subject property is located.

F. Adoption by the City Council. Following receipt of the Planning Commission’s recommendation, the City Council may hold additional public hearings at its discretion.

G. Should the City Council agree to an amendment to the development regulations and/or zoning map, such amendments shall be adopted by ordinance.

(Ord. 688 § 1 (Exh. C), 2017).

22.25.040 Quasi-judicial rezones.

A. A quasi-judicial rezone application shall require a specific development proposal for the subject property with sufficient detail to enable the City to evaluate the applicant’s proposal for conformance with the applicable criteria and to adequately condition the rezone request to protect the public interest if appropriate. In addition, the Director may require the applicant to participate in a meeting to inform citizens about the proposal.

B. An application for a quasi-judicial rezone shall be processed in accordance with this title, Administration of Development Regulations, except that the decision of the Hearings Examiner shall not be final, but shall be a recommendation to the City Council.

C. Public Hearing. The Hearings Examiner shall hold an open record public hearing on each application. Any person may participate in the hearing by submitting written comments or making oral comments at the hearing.

D. Decision Criteria.

1. The Hearings Examiner shall recommend approval or approval with conditions or modifications if the applicant has demonstrated that the proposal complies with the decision criteria set forth in this section.

2. The applicant carries the burden of proof and must demonstrate that the criteria are met by a preponderance of the evidence.

3. If the criteria are not met, the Hearings Examiner shall recommend denial of the application.

4. Criteria. All criteria must be met in order for an application to be approved. The applicant must demonstrate the following:

a. The proposed rezone is in the best interest of the residents of the City;

b. The proposed rezone is appropriate because either:

(1) Conditions in the immediate vicinity of the subject property have so significantly changed since the property was given its present zoning that, under those changed conditions, a rezone is within the public interest; or

(2) The rezone will correct a zone classification or zone boundary that was inappropriate when established;

c. The proposed rezone is consistent with the comprehensive plan;

d. The proposed rezone is consistent with all applicable provisions of UPMC Title 19, including any specific design criteria;

e. The proposed rezone will promote, rather than detract from, the public health, safety, and welfare;

f. The site plan of the proposed project is designed to minimize all significant adverse impacts on other properties;

g. The site plan is designed to minimize impacts upon the public facilities, services and utilities;

h. The proposal is compatible with the uses and zoning of surrounding properties;

i. If applicable, that there is a means of developing, preserving, and maintaining open space; and

j. That all conditions necessary to lessen any impacts of the proposed use can be monitored and enforced.

E. Recommendation by the Hearings Examiner. After considering all of the information submitted on the matter, the Hearings Examiner shall issue a written recommendation to the City Council setting forth the Examiner’s findings, conclusions and recommendation. The recommendation shall include the following:

1. A statement of facts presented to the Hearings Examiner that supports his or her recommendation, including facts supporting any conditions and restrictions that are recommended.

2. A statement of the Hearings Examiner’s conclusions based on those facts.

3. A statement of the criteria used by the Hearings Examiner in making the recommendation.

4. Any conditions, restrictions, and modifications that the Examiner determines are reasonably necessary to eliminate or minimize any undesirable effects of granting the requested rezone.

F. Distribution of Written Recommendation. The Director shall distribute copies of the recommendation of the Hearings Examiner to the applicant, each person who submitted written or oral testimony at the public hearing, and the City Council. The Director shall include a draft resolution or ordinance that embodies the Hearings Examiner’s recommendation with the copy of the recommendation sent to each City Council member.

G. City Council Action.

1. Time for Consideration. The City Council shall consider and take final action on the application at a public meeting and issue a decision within 120 days of the City making a determination that the application is complete. This time period may be extended upon written agreement of the Director and the applicant pursuant to RCW 36.70B.080(3).

2. Closed Record Hearing. The City Council review and consideration of the rezone application shall be conducted as a closed record hearing and shall be limited to the record of the hearing before the Hearings Examiner, the Hearings Examiner’s written recommendation, and comments received during the closed record hearing. No new evidence or information may be presented at the closed record hearing.

3. Argument. Persons entitled to participate in the closed record hearing are limited to parties of record in the open record hearing. Arguments made at the hearing must be limited to the information contained in the record developed by the Hearings Examiner and must specify the specific findings or conclusions disputed, if any, and the relief requested from the City Council.

4. Burden of Proof. The applicant carries the burden of proof and must demonstrate to the City Council that the decision criteria are met by a preponderance of the evidence. If the criteria are not met, the City Council shall deny the application.

5. City Council Decision. The City Council shall review the Hearings Examiner’s recommendation for compliance with the review criteria set forth in this chapter. After consideration the City Council may remand the application to the Hearings Examiner to reopen the hearing for additional evidence and supplementary findings and conclusions, or further actions as directed. If not remanded or after remand, the City Council shall, by ordinance approved by a majority of the total membership, take one of the following actions:

a. Approve the application;

b. Approve the application with modifications or conditions; or

c. Deny the application.

6. Conditions and Restrictions. The City Council shall include in an ordinance granting the rezone any conditions and restrictions it determines are necessary to meet the decision criteria or to eliminate or minimize any undesirable effects of granting a rezone. Any conditions, modifications and restrictions that are imposed shall become part of the decision.

7. Findings of Fact and Conclusions. The City Council may adopt by reference some or all of the findings and conclusions of the Hearings Examiner. The City Council shall include in the ordinance:

a. A statement of the facts that support the decision, including the facts that support any new conditions, restrictions, or modifications that are imposed;

b. A development agreement between the applicant and the City as a condition of the rezone, if warranted. Such agreement may impose development conditions designed to mitigate potential impacts of the rezone and the development;

c. The City Council’s conclusions based on its finding of facts.

8. Effect. The decision of the City Council on an application is the final decision of the City.

H. Minor Modifications. Subsequent to the adoption of the ordinance, the applicant may apply for a minor modification to a site plan approved as part of that ordinance. The Director shall review applications for a minor modification. The Director may approve a minor modification only if the Director finds that:

1. The change will not result in reducing the landscaped area, buffer areas, or the amount of open space on the project by more than five percent;

2. The change will not result in increasing the residential density;

3. The change will not result in increasing gross floor area of the project by more than five percent;

4. The change will not result in any structure, or vehicular circulation or parking area being moved more than 10 feet in any direction and will not reduce any required yard;

5. The change will not result in any increase in height of any structure;

6. The change will not result in a change in the location of any access point to the project;

7. The change will not increase any adverse impacts or undesirable effects of the project and that the change in no way significantly alters the project; and

8. The change will not modify the intent of any condition.

I. Major Modifications. If the applicant seeks a modification to the approved site plan that does not meet the requirements of a minor modification, the applicant may propose a major modification by submitting an application for a quasi-judicial project-related rezone. The City will process such application in the same manner as an application for a new quasi-judicial project-related rezone.

J. Expiration. Unless otherwise addressed in a development agreement pursuant to Chapter 22.30 UPMC:

1. The applicant must begin construction, or submit to the City a complete building permit application for the development activity, use of land, or other actions approved under this chapter, within two years after the final City decision on the matter is issued. Failure to do so shall render the City approval of the applicant’s proposal void, and the zoning of the subject property shall revert to its original zoning; provided, however, the City Council, upon a showing of good cause, may extend the time limits contained herein.

2. The applicant must substantially complete construction of the development activity, or use of land, or other actions approved under this section and complete all applicable conditions of approval within five years after the final City decision on the matter is issued. Failure to do so shall render the City approval void.

3. If litigation is initiated, the time limits of this section shall be automatically extended by the length of time between the commencement and final termination of that litigation. If the development activity, use of land, or other action approved under this chapter includes phased construction, the time limits of this subsection may also be extended at the discretion of the Director.

K. Time Extension. Unless otherwise addressed in a development agreement pursuant to Chapter 22.30 UPMC, at least 30 days prior to the lapse of approval for a project-related rezone, the applicant may submit an application in the form of a letter with supporting documentation to the department requesting a one-time extension of the time limits set forth in subsection (J) of this section of up to one year. The request must demonstrate:

1. The applicant is making substantial progress on the development activity, use of land, or other actions approved under this chapter; and

2. That circumstances beyond the applicant’s control prevent compliance with the time limits.

L. Judicial Review. The action of the City in granting or denying an application under this chapter may be reviewed pursuant to this title.

(Ord. 688 § 1 (Exh. C), 2017).