Chapter 21.86


21.86.010    Purpose.

21.86.020    Applicability.

21.86.030    Initiation of a text amendment.

21.86.040    Application for a text amendment.

21.86.050    Initiation of review procedures.

21.86.060    Text amendment review procedures.

21.86.070    Exception to review procedures.

21.86.080    Public participation.

21.86.090    Notice.

21.86.100    Approval criteria.

21.86.110    Comprehensive Plan consistency.

21.86.120    Appeal.

21.86.130    Amendments to the Shoreline Master Program.

21.86.010 Purpose.

This chapter establishes a mechanism for amending the text of development regulations as this term is defined in RCW 36.70A.030. (Ord. 683 § 3 (Att. A), 2019)

21.86.020 Applicability.

This chapter applies to amendments that revise the text language of development regulations codified in the Woodinville Municipal Code, or as adopted otherwise by ordinance or resolution, and changes specific standards, procedures, meanings, and other provisions. (Ord. 683 § 3 (Att. A), 2019)

21.86.030 Initiation of a text amendment.

An amendment to the text of a development regulation may be initiated by the City Council, the Planning Commission, City staff, or any resident or property owner of the City of Woodinville. (Ord. 683 § 3 (Att. A), 2019)

21.86.040 Application for a text amendment.

When a text amendment to a development regulation is initiated by a resident or property owner, an application requesting the text amendment shall be submitted to the Department on a form provided by the City and include the following:

(1) Name and address of the person or persons requesting the amendment;

(2) A completed State Environmental Policy Act (SEPA) checklist including Section D: Supplemental Sheet for Non-project Actions;

(3) A description of the proposed amendment;

(4) A written statement explaining:

(a) The purpose for the proposed amendment;

(b) How the proposed amendment is consistent with the Woodinville Comprehensive Plan; and

(c) How the proposed amendment is consistent with other applicable City adopted development regulations, plans and policies; and

(5) Payment of the application fee set forth in the adopted fee schedule, including fees for SEPA. (Ord. 683 § 3 (Att. A), 2019)

21.86.050 Initiation of review procedures.

(1) Where a text amendment is received pursuant to WMC 21.86.040, the Planning Commission shall review the text amendment and send a recommendation to the City Council that:

(a) The application has merit for further consideration; or

(b) The application does not have merit for further consideration.

(2) The City Council shall consider the Planning Commission’s recommendation and decide whether to send the text amendment for further review under the procedures in WMC 21.86.060.

(3) Where a text amendment is initiated by the City Council, Planning Commission or City staff, the text amendment may be sent directly for review under the procedures in WMC 21.86.060.

(4) The Director is authorized to establish administrative procedures for the orderly gathering and submitting of text amendments to the Planning Commission under this section. (Ord. 683 § 3 (Att. A), 2019)

21.86.060 Text amendment review procedures.

Except for as provided in WMC 21.86.070, the following shall apply to the processing of a text amendment under this chapter:

(1) The Planning Commission shall hold at least one public hearing on the text amendment;

(2) After the public hearing and after considering the criteria in WMC 21.86.100, the Planning Commission shall vote and transmit a written recommendation on the text amendment to the City Council;

(3) The City Council shall consider the Planning Commission’s recommendation and may hold its own public hearing before acting on the text amendment;

(4) City staff shall prepare a report on the text amendment to be presented to the hearing body considering the amendment;

(5) Notice of the public hearing shall be provided pursuant to WMC 21.86.090;

(6) The city council may approve, approve with modifications, remand to the Planning Commission for further proceedings, or deny the text amendment. (Ord. 683 § 3 (Att. A), 2019)

21.86.070 Exception to review procedures.

The following are exempt from the procedures set forth in this chapter:

(1) Amendments that correct typographical errors, correct cross-references, make address or name changes, or clarify language in a regulation without changing its effect; or

(2) Adoption of State Building and Energy Codes pursuant to RCW Title 19. (Ord. 683 § 3 (Att. A), 2019)

21.86.080 Public participation.

The public participation prescribed in WMC 21.88.110 should be considered in processing text amendments to development regulations. (Ord. 683 § 3 (Att. A), 2019)

21.86.090 Notice.

(1) Published notice of a public hearing shall be given in a newspaper of general circulation within the City boundaries at least 15 calendar days prior to the hearing date. However, subsequent hearing dates on the same proposal being considered by the same hearing body do not require additional publication of notice.

(2) Posted notice shall be given in the same manner as Planning Commission and City Council regular meetings.

(3) The content of the notice shall include:

(a) The time and place of the public hearing;

(b) A purpose statement which succinctly describes the proposal;

(c) A statement of the right of any person to submit written comments and to appear at the public hearing and give comments orally; and

(d) A statement of the availability of the official file.

(4) The requirements for notice shall not limit the City’s ability to providing additional means of noticing.

(5) Notice of the text amendment shall be transmitted to State agencies consistent with RCW 36.70A.106.

(6) If the text amendment imposes a requirement to inform a buyer or tenant of real property pursuant to Chapter 64.06 RCW, the ordinance containing the text amendment must be transmitted to the Municipal Research and Services Center for posting in accordance with RCW 43.110.030(2)(e). (Ord. 683 § 3 (Att. A), 2019)

21.86.100 Approval criteria.

The City Council may amend the text of a development regulation only if it finds:

(1) The proposed amendment is consistent with the goals, policies and provisions of the Woodinville Comprehensive Plan;

(2) The proposed amendment bears a substantial relation to public health, safety, or welfare; and

(3) The proposed amendment advances the public interest of the community. (Ord. 683 § 3 (Att. A), 2019)

21.86.110 Comprehensive Plan consistency.

If a Comprehensive Plan amendment is required to satisfy the approval criteria in WMC 21.86.100, approval of the Comprehensive Plan amendment is required prior to or concurrently with the granting of an approval of a text amendment to a development regulation. (Ord. 683 § 3 (Att. A), 2019)

21.86.120 Appeal.

City Council action on an ordinance to adopt a text amendment to a development regulation is a final decision but may be reviewable by filing a petition for review with the Central Growth Management Hearings Board in accordance with RCW 36.70A.290, except as otherwise provided by law. (Ord. 683 § 3 (Att. A), 2019)

21.86.130 Amendments to the Shoreline Master Program.

This section applies to amendments to the Shoreline Master Program.

(1) Review procedures are prescribed in Chapter 173-26 WAC. A minimum of one public hearing shall be held prior to City Council action on a proposed amendment.

(2) A City Council decision approving an amendment to the Shoreline Master Program shall be transmitted to the Washington State Department of Ecology, which will approve, recommend specific changes necessary to make the amendment consistent with Chapter 90.58 RCW and applicable guidelines, or deny the amendment.

(3) Approval by the Washington State Department of Ecology is required before an amendment to the Shoreline Master Program goes into effect. (Ord. 683 § 3 (Att. A), 2019)