Chapter 18.25 AMENDMENTS TO COMPREHENSIVE PLAN

Amendment of the City of Des Moines Comprehensive Plan shall be considered by the City Council no more frequently than once every calendar year. Exceptions to this limitation are as follows:

The initial adoption of a subarea plan;

The adoption or amendment of the shoreline master program under the procedures set forth in chapter 90.58 RCW, as presently constituted or as may be subsequently amended;

The amendment of the capital facilities element that occurs concurrently with the adoption or amendment of the City's budget; or

Whenever an emergency exists as declared by the City Council, or to resolve an appeal of a Comprehensive Plan filed with the Growth Management Hearings Board (GMHB) or court.

All requests for amendment of the Comprehensive Plan shall be considered by the City Council concurrently so the cumulative effect of the various requests can be ascertained.

The Planning, Building and Public Works Director shall maintain a docket of amendments to be considered by the City Council during the annual amendment of the Comprehensive Plan.

Requests for redesignation of property shall be considered and the final decision rendered prior to City Council consideration of any request for reclassification of the same property.

(Ord. 1591 § 89, 2014)

§ 18.25.060 Initiation of amendment.

Amendments to the City of Des Moines Comprehensive Plan may be initiated as follows:

Application by the owner(s) of property proposed for redesignation;

Adoption of a motion by the City Council directing the Planning, Building and Public Works Department to initiate the amendment; or

§ 18.25.070 Development regulations to be consistent with and implement the City of Des Moines Comprehensive Plan.

The Planning, Building and Public Works Department with the approval of the City Manager.

(Ord. 1591 § 90, 2014)

For the purpose of compliance with RCW 36.70A.040(3)(d), the development regulations contained in Titles 12, 14, 16, 17 DMMC and this Title shall be consistent with and implement the City of Des Moines Comprehensive Plan.

Future amendments of City development regulations shall be consistent with the City of Des Moines Comprehensive Plan.

§ 18.25.080 Schedule for initiation and review of amendments.

Where the City of Des Moines Comprehensive Plan and development regulations adopted by subsection (1) of this section are in conflict, the development regulations shall prevail, or in the absence of applicable development regulations, the goals, findings, policies and strategies of the City of Des Moines Comprehensive Plan shall apply.

(Ord. 1591 § 91, 2014)

Applications for amendment of the City of Des Moines Comprehensive Plan may be submitted to the Planning, Building and Public Works Department between January 1st and June 30th of each calendar year.

Applications for amendment of the City of Des Moines Comprehensive Plan that do not require an environmental impact statement as determined by the Planning, Building and Public Works Director shall be acted upon by the City Council between September 1st and December 31st of the calendar year of application. In the event the City Council cannot act upon the applications for amendment by December 31st of the calendar year, the City Council may extend its review to the following calendar year.

Applications for amendment of the City of Des Moines Comprehensive Plan that require an environment impact statement as determined by the Planning, Building and Public Works Director may be acted upon by the City Council between September 1st and December 31st of the year following completion of the environmental impact statement.

§ 18.25.090 Contents of application for amendment.

By resolution, the City Council may adopt an alternative review schedule from the schedule specified by this section for a particular calendar year.

(Ord. 1591 § 92, 2014)

Applications for amendment of the City of Des Moines Comprehensive Plan shall be submitted in writing to the Planning, Building and Public Works Department. Every application for amendment shall include all of the following information:

A completed application form as provided by the Planning, Building and Public Works Director.

For an amendment of the text of the City of Des Moines Comprehensive Plan, the requested change(s) shall be shown in legislative format (strikeouts and underlining).

For an amendment of the preferred land use maps within the land use element, the request shall include a legal description of the subject property area and a parcel map identifying the subject property.

An explanation of why the amendment is being proposed.

(e)

The application fee as specified by the Planning, Building and Public Works Department fee schedule.

The following information may also be required as determined by the Planning, Building and Public Works Director:

A completed SEPA checklist with the applicable fee as specified by the Planning, Building and Public Works Department fee schedule.

Property owner and tenant information as specified by DMMC § 16.05.190(5), Public notice procedure – Notice of DNS, mitigated DNS, or DS.

One or more public notice signs as specified by DMMC § 16.05.190(1), Public notice procedure – Notice of DNS, mitigated DNS, or DS.

One or more special studies, special public notice provisions, or other information as necessary to review and process the proposed amendment.

Separate applications shall be required when the proposed amendment addresses more than one issue or policy, as determined by the Planning, Building and Public Works Director.

The applicant shall be responsible for and may be required to reimburse the City for administrative costs associated with proposed amendments including special studies, staff review, mapping, printing, public notice, etc., as determined by the Planning, Building and Public Works Director.

(5)

The Planning, Building and Public Works Director may waive specific submittal requirements determined to be unnecessary for review of an application.

(6)

The Planning, Building and Public Works Director with the approval of the City Manager or the City Manager's designee may alter a privately initiated amendment relating to a specific property in order to allow the consideration of nearby property, similarly situated property, or area-wide impacts.

(Ord. 1591 § 93, 2014)

§ 18.25.100 Decision criteria.

Amendment of the City of Des Moines Comprehensive Plan is a legislative action (Type VI land use action) and the City Council shall be afforded the broadest possible discretion during review of amendment requests. The City Council may approve, approve with modifications, or deny any application for amendment.

The City Council may approve or approve with modifications an amendment to the City of Des Moines Comprehensive Plan when:

The amendment would correct a technical error; or

The amendment addresses changing circumstances or the needs of the City as a whole, and will benefit the City as a whole; and

All of the following conditions are satisfied:

(i)

The amendment is consistent with the Growth Management Act.

(ii)

The amendment is not inconsistent with other elements or policies of the City of Des Moines Comprehensive Plan.

(iii)

The amendment will not adversely impact community facilities and bears a reasonable relationship to public health, safety, and welfare.

(iv)

For amendments relating to a specific property:

(A)

The amendment is compatible with adjacent land use and the surrounding development pattern as existing or as specified by the City of Des Moines Comprehensive Plan; and

(B)

The subject property is suitable for development as allowed by the development regulations of the potential zone.

During the review of a proposed amendment to the City of Des Moines Comprehensive Plan, factors that may be considered by the Planning, Building and Public Works Director and the City Council include, but are not limited to, the following:

The effect upon the physical environment.

The effect upon the economic environment.

The effect upon the social environment.

§ 18.25.120 Comprehensive Plan amendments.

The effect upon open space, surface waters, and environmentally critical areas.

(e)

The effect upon parks of local significance.

(f)

The effect upon historic and archaeological resources of local significance.

(g)

The compatibility with an impact upon adjacent land uses and surrounding neighborhoods.

(h)

The adequacy of and impact upon capital facilities, utilities, and public services.

(i)

The quantity and location of land planned for the proposed land use type and density.

(j)

The current and forecasted population in the area or City.

(k)

The effect upon other aspects of the City or the City of Des Moines Comprehensive Plan.

(Ord. 1591 § 94, 2014)

There is adopted by reference a Comprehensive Plan, on file with the City Clerk, as subsequently amplified, augmented and amended pursuant to the provisions in this Title, as identified below.

Chapter 1: Introduction;

Chapter 2: Land Use Element;

Chapter 3: Transportation Element;