A Type IV review is for legislative land use decisions made by the city council under its authority to establish policies and regulations regarding future private and public development and management of public lands. The process generally includes a hearing and recommendation by the planning commission and a hearing and action by the city council. Review under the State Environmental Policy Act (SEPA) may be required. Type IV reviews are exempt from the procedures of GFMC § 19.04A.230, Time frames for review.
(Ord. 994 § 3, 2020)
This article contains the procedures the city will use in processing Type IV applications. Type IV processes may be initiated by city council, planning commission, city administration, or any other person. The planning commission will typically hold a public hearing and send a recommendation to city council. City council may hold a public hearing before taking action. The permit-issuing authority and designated appeal body for each application reviewed as a Type IV are indicated in Table 19.04A-I.
(Ord. 994 § 3, 2020)
(A) 
Amendments to the comprehensive plan, this title or the zoning map shall be made in accordance with the provisions of this article.
(B) 
The term "major map amendment" shall refer to an amendment that addresses the zoning classification of five or more tracts of land in separate ownership or any parcel of land (regardless of the number of lots or owners) in excess of 50 acres. All other amendments to the zoning map shall be referred to as "minor map amendments."
(Ord. 994 § 3, 2020)
(A) 
Type IV proposals will usually be introduced to the planning commission, which may schedule study sessions as needed to consider the proposal. Prior to making a recommendation, the planning commission shall schedule a public hearing. After the public hearing, and after any further study sessions as may be needed, the planning commission shall transmit its recommendation to the city council through the applicable designated official and the city clerk.
(B) 
The planning commission may recommend that the city council adopt or adopt with modifications a proposal, if it complies with the applicable decision criteria. In all other cases, the planning commission shall recommend denial of the proposal.
(C) 
If the planning commission recommends a modification which results in a proposal not reasonably foreseeable from the notice provided pursuant to GFMC § 19.04B.430, the planning commission shall conduct a new public hearing on the proposal as modified. The planning commission shall consider the public comments at the hearing in making its final recommendation.
(D) 
A vote to recommend adoption of the proposal or adoption with modification must be by a majority vote of the planning commission members present and voting.
(Ord. 994 § 3, 2020)
(A) 
When the planning commission or city council has scheduled a public hearing on a Type IV proposal, notice of the public hearing shall be provided 10 days prior to the scheduled hearing date in the manner set forth in subsection (B) of this section.
(B) 
Notice of Public Hearing.
Type IV Action or Permit
Mail
Post
Publish
Comprehensive Plan Amendment – Map and Text
X
X
X
Development Agreements
X
Land Use Code Amendments
X
Rezone – Area-Wide Zoning Map Amendment
X
X
(C) 
Mailed Notices. Mailings shall be completed pursuant to GFMC § 19.04A.225 with the additional specifications:
(1) 
For minor map amendments, notices shall be mailed to the record owners for tax purposes of all properties whose zoning classification is proposed to be changed, as well as the owners of all properties which are within 300 feet of the property proposed.
(2) 
For major map amendments, notice over and above that specified in this section may be provided at the discretion of the designated official, as deemed necessary to ensure ample opportunity for citizens and property owners to become aware of the upcoming hearing.
(3) 
Notice of the public hearing, containing the same information set forth in subsection (E) of this section, shall be mailed to each owner of real property within 300 feet of any boundary of the subject property.
(D) 
Posted Notices.
(1) 
All posted notices shall be completed pursuant to GFMC § 19.04A.225.
(2) 
For minor map amendments, at least one public notice board shall be posted on the site on public right-of-way within the property proposed to be rezoned.
(3) 
For major map amendments, a minimum of three public notice boards shall be posted on public right-of-way.
(E) 
Published Notice. When required, the designated official shall publish a notice at least once in a newspaper of general circulation in the city. The notice shall contain the following information:
(1) 
The name of the applicant and, if applicable, the project name;
(2) 
If the application involves specific property, the street address of the subject property, a description in nonlegal terms sufficient to identify its location, and a vicinity map indicating the subject property or website address where maps can be viewed;
(3) 
A brief description of the action or approval requested;
(4) 
The date, time, and place of the public hearing;
(5) 
Summarize the nature and character of the proposed change;
(6) 
If the proposed amendment involves a change in zoning district classification, reasonably identify the property whose classification would be affected by the amendment;
(7) 
State that the full text of the amendment can be obtained from City Hall;
(8) 
State that substantial changes in the proposed amendment may be made following the public hearing; and
(9) 
A statement of the right of any person to participate in the public hearing.
(F) 
Alternative Means of Notification. In the case of the following actions initiated by the city, which affect large areas of the city, the designated official may elect to use alternative means of public notification in addition to the newspaper publication required by RCW 35A.63.070 or the mail and posting provisions above, provided such notification is likely to achieve equal or greater actual public notification:
(1) 
Adoption or amendment of a neighborhood or other area-wide community plan; or
(2) 
Area-wide zoning map amendments.
(Ord. 994 § 3, 2020)
Public notice of the date of the planning commission public hearing at which the planning commission will consider the application shall be published in a newspaper of general circulation. The public hearing shall be scheduled no sooner than 10 days following the date of publication of the notice. If a determination of significance was issued by the SEPA responsible official, the notice of staff recommendation shall state whether an EIS or supplemental EIS was prepared or whether existing environmental documents were adopted.
(Ord. 994 § 3, 2020)
(A) 
Any person may participate in the public hearing by submitting written comment to the city clerk prior to the hearing or by submitting written or making oral comments to the planning commission at the hearing. All written comments received by the city clerk shall be transmitted to the planning commission no later than the date of the public hearing.
(B) 
The designated official shall transmit to the planning commission a copy of the department file on the application, including all written comments received prior to the hearing and information reviewed by or relied upon by staff. The file shall also include information to verify that the requirements for notice to the public (notice of application, as required; notice of SEPA determination) have been met.
(C) 
The planning commission shall record and compile written minutes of each hearing.
(Ord. 994 § 3, 2020)
(A) 
The planning commission shall provide a written recommendation to the city council on the proposal. The recommendation shall contain the following:
(1) 
The recommendation of the planning commission;
(2) 
Any conditions included as part of the recommendation; and
(3) 
Findings of fact upon which the recommendation, including any conditions, was based and the conclusions derived from those facts.
(B) 
If the planning commission makes a recommendation that requires a modification which results in a proposal not reasonably foreseeable from the description of the proposal contained in the public notice provided pursuant to GFMC § 19.04B.430, the planning commission shall conduct a new hearing on the modified proposal.
(Ord. 994 § 3, 2020)
(A) 
Public notice of the date of the city council public hearing at which the city council will consider the application shall be published in a newspaper of general circulation. If a hearing is required before the city council, the hearing shall be scheduled no sooner than 10 days following the date of publication of the notice. The notice of the city council public hearing shall also include the notice of the availability of the planning commission's recommendation.
(B) 
The designated official shall mail or email notice of the public hearing, the SEPA threshold determination, and the availability of the recommendation to all parties of record, which shall include the applicant and each person who submitted comments during the public comment period or at any time prior to the publication of the notice of the public hearing.
(Ord. 994 § 3, 2020)
(A) 
Provided the requirements of the Growth Management Act for ensuring adequate public involvement are met, the council need not await the recommendations of the planning commission before taking action on a proposed amendment, nor is the council bound by any recommendations of the planning commission.
(B) 
The designated official shall transmit to the city council a copy of the department file on the application, including all written comments received prior to the city council hearing. The file shall also include information to verify that the requirements for notice to the public (notice of application, notice of SEPA threshold determination, and notice of public hearing) have been met.
(C) 
The city council may consider at a public meeting each recommendation transmitted by the planning commission. The council may take one of the following actions:
(1) 
Adopt an ordinance or resolution adopting the recommendation, or adopt the recommendation with modifications;
(2) 
Adopt a motion denying the proposal; or
(3) 
Refer the proposal back to the planning commission for further proceedings, in which case the city council shall specify the time within which the planning commission shall report back to the city council with a recommendation.
(D) 
If the city council makes a modification which results in a proposal not reasonably foreseeable from the notice provided pursuant to GFMC § 19.04B.430, the city council shall conduct a new public hearing on the proposal as modified, prior to taking final action.
(Ord. 994 § 3, 2020)
The action of the city council on a Type IV proposal may be appealed together with any SEPA threshold determination by filing a petition with the Growth Management Hearings Board pursuant to the requirements set forth in RCW 36.70A.290. The petition must be filed within the 60-day time period set forth in RCW 36.70A.290(2). The appeal period shall commence upon the city council's final decision and its publication and not upon expiration of the reconsideration period. Judicial appeal where applicable is to Snohomish County superior court.
(Ord. 994 § 3, 2020)