(1) 
Purpose. The purpose of this chapter is to establish procedures for site-specific amendments to the city's zoning map. Site-specific rezones shall be processed as provided in this chapter and shall be consistent with the land use designations in the city's comprehensive plan. Changes to the zoning map that are city-wide, area-wide, or have area-wide significance are legislative amendments, which shall be applied for and processed pursuant to Chapters 20.04 and 20.22 POMC.
(2) 
Authority. The director is authorized and directed to administer the provisions of this chapter relating to site-specific rezones. The city's hearing examiner is authorized to hold a public hearing and provide a recommendation to the city council, pursuant to the procedures included in this chapter. The city council shall issue a final decision for all site-specific, quasi-judicial rezone applications.
(Ord. 019-17 § 18 (Exh. 1))
(1) 
Generally. In addition to the procedures included in this section, the director may establish additional application procedures as necessary and shall make those procedures available to the public. No site-specific rezone application shall be processed until the director determines that the information necessary to review and decide upon the application is complete. The director may reject any complete application that is clearly inconsistent with the city's comprehensive plan and will notify the applicant of the decision in writing.
(2) 
Who May Apply. Only a property owner or authorized agency of a property owner may request a site-specific rezone.
Application Requirements. The following materials shall be submitted to the city for a complete site-specific rezone application. Refer to the relevant city application form for numbers of copies of each item that must be included and the type of accompanying electronic submittal that is required (if relevant).
(3) 
Application Form. A completed site-specific rezone application form (including all supporting documents) with the following information:
(a) 
Date, name, address, telephone number and email of the applicant;
(b) 
Name, address, telephone number and email of the owner of the property identified in the application;
(c) 
Legal description of the subject property;
(d) 
Identification of all sections of the comprehensive plan policies and map addressing the property subject to the application, including identification of the comprehensive plan map designation;
(e) 
Description of proposed development of the property under the proposed zoning designation;
(f) 
Plans, information, and/or studies that accurately depict existing and proposed use(s) and improvements;
(g) 
An explanation of the rationale for the proposed amendment;
(h) 
An explanation of how the proposed amendment and associated development proposal(s), conform to, conflict with, or relate to the criteria and general rules set forth in POMC § 20.42.030, as applicable; and
(i) 
A completed SEPA checklist including the supplement sheet for nonproject actions.
(4) 
Fees. Site-specific rezone applications are subject to application and processing fees as set forth in the city's current fee resolution. Applicants may also be responsible for additional fees related to environmental analysis and review (SEPA process) if these are required by the nature of the proposed rezone.
(Ord. 019-17 § 18 (Exh. 1))
(1) 
Generally. The following general provisions shall apply to review of all site-specific rezone applications:
(a) 
There is no presumption of validity favoring the action of rezoning;
(b) 
The proponents of the rezone have the burden of proof to demonstrate that conditions have changed since the original zoning; and
(c) 
The rezone must bear a substantial relationship to the public health, safety, morals or welfare.
(2) 
Criteria for Review. In addition to the general criteria in subsection (1) of this section, the city shall review applications for site-specific rezone applications and issue approval of said applications pursuant to the following criteria:
(a) 
Consistency with the existing comprehensive plan (the comprehensive plan that has been approved and is in place at the time the application was submitted);
(b) 
Consistency with the purpose of the proposed zoning district;
(c) 
Consistency between zone criteria and area characteristics;
(d) 
Zoning history and precedential effect. Previous and potential zoning changes both in and around the area identified in the application shall be examined;
(e) 
The impact of more intense zones on less intense zones or industrial and commercial zones on other zones shall be minimized by the use of transitions or buffers in the more intense zone, if possible. A gradual transition between zoning categories, including height limits, is preferred;
(f) 
Physical buffers may provide an effective separation between different uses and intensities of development. The following elements may be considered as buffers:
(i) 
Natural features such as topographical breaks, lakes, rivers, streams, ravines and shorelines;
(ii) 
Freeways, other major traffic arterials and railroad tracks;
(iii) 
Distinct change in street layout and block orientation;
(iv) 
Open space and greenspaces suitable in area to mitigate against more intense uses;
(v) 
Zone boundaries;
(g) 
In establishing boundaries, the following elements shall be considered:
(i) 
Physical buffers as described in subsection (2)(f) of this section; and
(ii) 
Platted lot lines;
(h) 
Boundaries between commercial and residential areas shall generally be established so that commercial uses face each other across the street on which they are located, and face away from adjacent residential areas. An exception may be made when physical buffers can provide a more effective separation between uses;
(i) 
Impact Evaluation. The evaluation of the changes that would result from approval of the application shall consider the possible negative and positive impacts on the affected area and its surroundings. Factors to be examined include, but are not limited to, the following:
(i) 
Housing;
(ii) 
Public services;
(iii) 
Environmental factors, such as noise, air and water quality, terrestrial and aquatic flora and fauna, glare, odor, shadows and energy conservation;
(iv) 
Pedestrian safety;
(v) 
Manufacturing activity;
(vi) 
Employment activity;
(vii) 
Character of areas recognized for architectural or historic value;
(viii) 
Shoreline view, public access and recreation;
(ix) 
Service Capacities. Development which can be reasonably anticipated based on the proposed development potential shall not exceed the service capacities which can reasonably be anticipated in the area, including: street access to the area; street capacity in the area; transit service; parking capacity; utility and sewer capacity; shoreline navigation;
(x) 
Population and employment allocations as established through the countywide planning policies;
(xi) 
Changed Circumstances. Consideration of changed circumstances shall be limited to elements or conditions included in the criteria for the relevant zone designations in the zoning code;
(xii) 
Critical Areas. If the area is located in or adjacent to a critical area, the effect of the rezone on the critical area shall be considered.
(Ord. 019-17 § 18 (Exh. 1))
(1) 
Determination of Complete Application. The director shall follow the procedures in Chapter 20.24 POMC to determine if an application is complete.
(2) 
Staff Report. Upon the director's determination of complete application, the director shall prepare a staff report on the proposed rezone to be presented to the hearing examiner for review and recommendation. The staff report should contain:
(a) 
Findings of fact;
(b) 
An evaluation as to how the rezone meets the prescribed criteria in POMC § 20.42.030;
(c) 
A summary of public comment on the amendment; and
(d) 
A description of any alternatives or proposed changes to the rezone.
(3) 
SEPA Review. The director or SEPA official shall conduct a SEPA review and notify applicants as to the need for a SEPA checklist and environmental impact statement. Applicants will be responsible for any fees associated with SEPA analysis.
(4) 
Public Participation. The city shall provide notice and opportunity for public comment, as deemed appropriate given the nature of the proposed rezone.
(5) 
Hearing Examiner. The hearing examiner shall hold a noticed public hearing on proposed site-specific rezones and make a recommendation to the city council as to whether the proposed rezone meets the criteria in POMC § 20.42.030.
(6) 
City Council Action. The city council shall consider the hearing examiner's recommendation and may hold an additional hearing on the site-specific rezone application at its discretion. The city council's approval, modification, deferral, or denial of a site-specific rezone application shall be based on the criteria set forth in POMC § 20.42.030. If a quasi-judicial rezone is approved, the city council will subsequently adopt an ordinance amending the city's official zoning map to be consistent with their final decision on the rezone application.
(7) 
Development Agreements. A site-specific rezone may be approved subject to the execution, delivery, and recording of a development agreement between the property owner, or the legal owner of a beneficial interest in the property to be rezoned, and the city and pursuant to Chapter 20.26 POMC. The development agreement may include restrictions upon the use and development of the property, which shall apply in addition to the development regulations in the underlying zone. Such restrictions are imposed in order to ameliorate adverse impacts that could occur from unrestricted use and development permitted by the development regulations otherwise applicable after approval of the site-specific rezone.
All restrictions imposed by the development agreement shall be directly related to the impacts that may be expected to result from the site-specific rezone. The approval of the map amendment will then be conditioned upon performance or compliance with the terms and conditions of the development agreement. The city may revoke a site-specific rezone executed with a development agreement (or take any other action allowed by law) for the property owner's failure to comply with the development agreement. An applicant proposing a site-specific rezone with a development agreement shall submit the proposed development agreement with the application materials described in POMC § 20.42.020. The city shall consolidate the processing of the quasi-judicial rezone application and proposed development agreement (see Chapter 20.26 POMC on development agreements).
(Ord. 019-17 § 18 (Exh. 1))