Chapter 17.23
AMENDMENTS AND REZONES
Sections:
17.23.030 Rezones--Zoning map amendments.
17.23.050 Classification of annexed lands.
17.23.010 Purpose.
From time to time a change in circumstance or condition may warrant a change in the zoning text or map created by this title. The purpose of this chapter is to establish the procedures to amend the zoning text and/or map when the proposed change would be consistent with the goals and policies of the Wapato urban area comprehensive plan and the intent of this title. (Ord. 1183 §2(part), 2008: Ord. 956(part), 1993)
17.23.020 Text amendments.
A. Initiation. An amendment to the text, standards, procedures or other provisions of this title may be initiated by action of the legislative body with jurisdiction or the planning commission.
B. Action by the Legislative Body. Any amendments in this title shall be by action of the legislative body with jurisdiction after a recommendation thereon from the planning commission. Such action shall occur in accordance with the procedures set forth in Chapter 36.70 RCW as it now exists or is hereafter amended. (Ord. 956(part), 1993)
17.23.030 Rezones--Zoning map amendments.
A. Initiation. An amendment to the zoning map may be initiated by:
1. Resolution of the legislative body with jurisdiction or the planning commission; or
2. A rezone application filed by the property owner(s).
B. Application. All rezone applications shall be filed with the fire department. The fire department shall process the application under the provisions of Section 17.11.080. The application shall include the information required in Section 17.11.030 and the signature of the owner(s) of the property.
C. Public Hearing by the Planning Commission. Upon receipt of a complete application for a rezone, the fire department shall forward the application to the planning commission for public hearing and review; provided, that rezone applications initiated by the city to implement a newly adopted or amended comprehensive plan, or which are of broad general applicability shall be heard by the regional planning commission under the provisions of Chapter 36.70 RCW. The public hearing shall be held and notice provided under the provisions of Section 17.11.090. The applicant shall appear in person or by agent or attorney. Failure to do so shall constitute sufficient cause for continuance or denial of the requested action. Other parties may appear in person or by agent or attorney, or may submit written comments.
D. Recommendation by the Planning Commission. The planning commission may if requested by the city council submit a recommendation on the proposed rezone to the city council prior to the issuance of their decision. The recommendation of the planning commission shall in no way be binding on the city council.
E. Decision by the Planning Commission. Within ten days of the conclusion of the hearing, unless a longer period is agreed to in writing by the applicant, the planning commission shall issue a written recommendation to approve, approve with conditions or deny the proposed rezone. The recommendation shall include the following considerations:
1. The testimony at the public hearing;
2. The suitability of the property in question for uses permitted under the proposed zoning;
3. The recommendation from interested agencies and departments;
4. The extent to which the proposed amendments are in compliance with and/or deviate from the goals and policies as adopted in the Wapato urban area comprehensive plan and the intent of this title;
5. The adequacy of public facilities, such as roads, sewer, water and other required public services;
6. The compatibility of the proposed zone change and associated uses with neighboring land uses; and
7. The public need for the proposed change.
Notice of the planning commission’s recommendation shall be mailed to the applicant at the address provided on the application form. The decision of the planning commission on rezone applications shall constitute a recommendation to the legislative body.
F. Action by the Legislative Body. Upon receipt of the planning commission’s recommendation on a proposed rezone, the legislative body shall hold a public meeting and affirm or reject the planning commission’s decisions.
The legislative body shall conduct its own public hearing when it rejects the recommendation of the planning commission or desires additional public testimony. Notice of the public hearing shall be given in the manner set forth in Section 17.11.090. In either case, the findings of the legislative body shall include the considerations established in subsection (E) of this section.
G. Time Limit and Notification. Proposed amendments shall be decided by the legislative body as soon as practicable and the applicant shall be notified in writing whether the rezone has been granted or denied. (Ord. 956(part), 1993)
17.23.040 Appeals.
The decision of the legislative body shall be final and conclusive unless within thirty days from the date of final action an aggrieved party obtains an appropriate writing of judicial review from the Yakima County superior court for the purpose of review of the action taken. The appellant shall provide, or pay the cost of preparing, a verbatim transcript of the proceedings required for judicial review. With the consent of the superior court, the parties may agree to provide a verbatim audio record of the proceedings for review by the superior court. (Ord. 956(part), 1993)
17.23.050 Classification of annexed lands.
The zoning of land hereafter annexed to the city of Wapato shall not change upon annexation. Provided, the city council may initiate and consider a rezone of the property proposed for annexation under the provisions of this chapter and may adopt the zone change upon annexation. (Ord. 956(part), 1993)