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HomeMy WebLinkAboutR-1839 - Providing for procedures for annual amendment and update of the City's Growth Management Comprehensive PlanCITY OF MARYSVILLE Marysville,Washington RESOLUTION NO./831 A RESOLUTION OF THE CITY OF MARYSVILLE PROVIDING FORPROCEDURES FOR ANNUAL AMENDMENT AND UPDATE OF THE CITY'S GROWTH MANAGEMENT COMPREHENSIVE PLAN. WHEREAS,on April 1,1996 the Marysville City Council adopted its Growth Management Comprehensive Plan pursuant to Ordinance No.2068;and WHEREAS,the.Growth Management Act allows jurisdictions to amend comprehensive plans only once per year,except in emergency situations;and WHEREAS,RCW 35A.63.070 through 35A.63.073 provide general guidance as to the procedure for amendment of comprehensive plans but do not provide specific procedural details or criteria on which to evaluate proposed comprehensive plan amendments;and WHEREAS,Section I-G of the City's Growth Management Comprehensive Plan contains general information relating to amendments to the Comprehensive Plan;and WHEREAS,the Marysville City Council finds that a clear policy for annual review of proposed amendments by both the City and the public is essential;NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARYSVILLE,WASHINGTON AS FOLLOWS: Section 1.Introduction. A.The City's Comprehensive Plan is based upon the best available information.As years go by,better information or changing circumstances may require the change or amendment of the plan.Such information could be a revised sewer or water plan, for instance.In any event,it is likely that this plan, designed to guide the City of Marysville to the year 2012,may need to be amended before that time.Therefore,the procedures contained in this Resolution shall be used to amend the Comprehensive Plan. B.The Growth Management Act and subsequent amendments made by the State Legislature provide direction for the amendment of comprehensive plans.This Resolution spells out Marysville's procedures for the annual update and revision of the City's Growth Management Comprehensive Plan.The procedures described herein shall be used by the City and the public in proposing, reviewing and approving amendments to the Comprehensive Plan. RESOLUTION -1 /mv/compplan.res \.~ Although the Comprehensive Plan is intended to be a guide for the public,elected officials,Planning Commission,and City staff in making decisions concerning community growth,land use and development decisions,capital improvements,and other programs,it is not so rigid as to be inflexible or unresponsive to changing circumstances.While changes to the Comprehensive Plan will be required from time to time,they should be carefully considered,responsive to the changing needs of the community, and in the best long term interest of the entire community.In order to determine if the plan is effectively implementing the vision of the community,it should be periodically reviewed to determine how well it is performing and being implemented.This is not to suggest that the policies of the plan be changed routinely,but that they be reviewed from time to time to keep the plan abreast with legal requirements,community needs,and changing circumstances. Section 2.Annual Amendment and Update. A.Except as provided by State law and Section 5 of this chapter,the Comprehensive Plan may be amended not more than once per calendar year.The City may amend as many sections of the Comprehensive Plan as it wishes each year as part of the annual plan update process.The City shall review all revisions as a comprehensive package of updates to the plan so the cumulative effect of all proposed amendments is fully understood. B.In January of each year (beginning in 1997),the City of Marysville shall announce that proposed amendments to the Comprehensive Plan will be received for thirty (30)days. Applicants will be expected to show cause as to why their proposed change should be made.A showing of cause shall be evaluated based upon whether in the discretion of the City Council the requesting party can show by clear and convincing evidence that the factors set forth in Section 4 below will be met. In February of each year,the City Planning Department shall evaluate all proposed changes (including any changes which may be initiated by the City of Marysville)and shall make its recommendations to the Marysville Planning Commission. If no amendments are received during the application period, the Planning Commission shall so report to the Mayor and City Council and the annual review of the Comprehensive Plan shall be considered completed.The City make take as much as sixty (60) days from the closing of the application period to complete the initial review of proposals.Environmental review requirements may lengthen this period. C.The City shall compile and maintain a list of changes to the Comprehensive Plan or implementing programs or development regulations which have been suggested by the public,other agencies,civic or business organizations,or other interested RESOLUTION - 2 /mv/compplan.res • f "I --------------------------------------_.._------- parties.This list shall be presented to the Planning Commission to decide if such requests should be included in the annual update to the Comprehensive Plan.This list shall be available for review by the public.Provided,however,notwithstanding any language herein,the City is authorized to initiate and/or make amendments to the development regulations independent of the annual amendment process herein described. D.Re-applications for the amendment of the land use designation of property under the Comprehensive Plan are prohibited unless the applicant establishes that there has been a substantial change of circumstances pertaining to a material issue. Section 3.Hearing and Public Participation.After preparing any amendment,modification or alteration to the Comprehensive Plan,the Planning Commission shall hold at least one pubic hearing on the proposed amendment.Notice of the time, place and purpose of such public hearing shall be published in the official newspaper of the City at least ten (10)days prior to the date of the hearing.The hearing may be continued from time to time at the discretion of the Planning Commission,but no additional notices need be published unless required by law. Upon completion of the hearing or hearings on the proposed amendments to the Comprehensive Plan,the Planning Commission shall transmit a copy of its recommendation to the City Council through the Mayor,who shall acknowledge receipt thereof and direct the Clerk of the City to certify the date of receipt. Within sixty (60)days from its receipt of the recommendations of the Planning Commission for modification to the Comprehensive Plan,the City Council at a public meeting shall consider the same.The City Council shall: •Vote to approve·; •Vote to disapprove; •Vote to modify and approve as modified the proposed modifications to the Comprehensive Plan;or •Shall refer it back to the Planning Commission for further proceedings,in which case the Council shall specify the time within which the Planning Commission shall report back to the City Council its findings and recommendations on the matters referred to it. The final form and content of the amendments to the Comprehensive Plan shall be determined by the City Council.An affirmative vote of not less than a majority of the total members of the City Council shall be required for adoption of an ordinance to approve the amendments to the Plan.The Comprehensive Plan as amended shall then be filed with the RESOLUTION - 3 /mv/compplan.res • I appropriate officials and public agencies and shall be available for public inspection. Section 4.Factors to be Considered on Reviewing Comprehensive Plan Amendments.The burden of showing cause as to why a Comprehensive Plan amendment should be made shall be on the applicant.Land use decisions should be made only after considering the interests of the community.In evaluating whether cause for a Comprehensive Plan amendment has been shown, the Planning Commission and City Council should take into consideration,but will not be limited to,the following: •The effect upon the physical environment. •The effect upon the economic environment. •The effect upon the human environment (social, cultural,etc.). •The effect upon open space,streams and other sensitive areas. •The compatibility with adjacent land uses and surrounding neighborhoods. •The mitigation of the impacts on community facilities including utilities,streets,public transportation, parks,recreations facilities,and schools. •The benefit to the neighborhood,community or region. •The quantity and location of vacant land zoned for the existing and proposed use in the City. •The current and projected population density in the general area. •Conformance with the Comprehensive Land Use Plan. Section 5.Exceptions to the Annual Plan Amendment Process. The City may consider amendments to the Comprehensive Plan outside of the annual amendment and update process under one or more of the following circumstances: A.The initial adoption of a subarea plan; B.The adoption or amendment of a shoreline master program under the procedures set forth in Chapter 90.58 RCW; C.Whenever an emergency exists;or D. To resolve an appeal of the Comprehensive Plan or an implementing development regulation or program that is filed with the Growth Management Hearings Board or courts. RESOLUTION - 4 Imv/compplan.res .. ....I '.-~ ~PASSED by the City Council and APPROVED by the Mayor this 27 day of January,1997. CITY OF~~SVILLE By fkd UmM ATTEST:~_ CITY CLERK Approved as to form: By cO~r-.tA./~ CITY ATTORNEY RESOLUTION -5 /mv/compplan.res