A. Purpose. The purpose of this section is to establish the process and criteria for changing the comprehensive plan and/or land use map. Amendments may include additions, deletions, corrections, updates, modifications or revisions to maps, goals and policies in the comprehensive plan. The comprehensive plan amendment process provides for simultaneous review of proposals to allow for cumulative impact analysis of all applications on a citywide basis in conjunction with budget decisions, and honors the community’s long-term investment in the comprehensive plan, through public participation and neighborhood planning processes.

B. Applicability. Any owner or authorized agent, or group of owners of contiguous properties acting jointly and representing at least 75 percent of the assessed valuation of the subject properties, or their authorized agent, may apply for an amendment to the comprehensive plan. There are two types of amendments: policy adjustments or map changes. An amendment may include both of these types of amendment requests. If a private applicant is submitting an application for a comprehensive plan amendment in anticipation of a proposed development, the applicant must also submit an application for a rezoning and pay related application fees simultaneously with the comprehensive plan amendment application.

C. Policy Amendments. A policy amendment may be considered if the applicant can demonstrate that the request is consistent with the adopted comprehensive plan, and that policy amendments or map amendments are needed to further the vision, goals or policies of the plan. An amendment may also be considered if the applicant can demonstrate that community values, priorities, needs and trends have sufficiently changed to justify a fundamental shift in the comprehensive plan. The burden of proof rests entirely with the applicant to demonstrate or document the need to depart from the current version of the comprehensive plan.

Proposed policy amendments that are intended to be consistent with the comprehensive plan should be designed to provide correction or additional guidance so the community’s original visions and values can better be achieved. The need for this type of amendment might be supported by findings related to monitoring and evaluating the implementation of the comprehensive plan. Examples of such findings could include:

1. Growth and development as envisioned in the plan is occurring faster, slower or is failing to materialize; or

2. The capacity to provide adequate services is diminished or increased; or

3. Land availability to meet demand is reduced; or

4. Population or employment growth is significantly different than the plan’s assumptions; or

5. Plan objectives are not being met as specified; or

6. The effect of the plan on land values and affordable housing is contrary to plan goals; or

7. Transportation and/or other capital improvements are not being made as expected; or

8. A question of consistency exists between the comprehensive plan and its elements and Chapter 36.70A RCW, the Kitsap County-wide planning policies, or development regulations; or

9. Assumptions upon which the plan is based are found to be invalid; or

10. Substantial change or lack of change in circumstances dictates the need for such consideration or conditions have changed substantially citywide and/or in the area within which the subject property lies.

D. Map Amendments. Changes to the land use map may only be approved if the proponent has demonstrated that all of the following are true:

1. The designation is in conformance with the appropriate land use designation purpose statement identified in the comprehensive plan; and

2. The map amendment or site is suitable for the proposed designation; and

3. The map amendment implements applicable comprehensive plan policies better than the current map designation.

E. Amendments Submitted by the City. Amendments submitted by the city will be processed every year or within the context of a comprehensive plan update, or more frequently than once per year under the circumstances authorized under RCW 36.70A.130(2)(a).

F. Frequency of Amendments.

1. Amendments. Except in the event of an emergency as determined by the city council or in the event of amendments related to updating the capital facilities plan, plan amendments will be considered together so that the cumulative effects of all proposed amendments can be analyzed for consistency and the overall effect on the comprehensive plan. As part of the city’s periodic 2016 comprehensive plan update, the city will accept comprehensive plan amendment requests between May 1 and June 30, 2015, and those amendments will be considered through the update process. The next comprehensive plan amendment submission cycle will be in 2019, and thereafter no more often than every three calendar years, the planning commission may recommend and the city council may adopt amendments to the land use map, or the text of the comprehensive plan, upon finding that each proposal meets all of the applicable conditions and requirements of this chapter.

2. Emergency Amendments. The city council may determine, by resolution, that a proposed amendment be processed as an emergency amendment to the comprehensive plan.

G. Review Process. The city shall process comprehensive plan amendment applications in accordance with the following procedures:

1. Preapplication Conference. Prior to submittal of a comprehensive plan amendment application, the applicant or applicant’s representative shall attend a preapplication conference in accordance with the procedures of BIMC 2.16.020.I. City staff will notify the planning commission if preapplication conferences are scheduled and representatives from the planning commission may attend the preapplication meeting to provide early identification of potential comprehensive plan consistency issues. Interested persons may attend the preapplication meeting.

2. Application. Proposed amendments shall be submitted between January 1st and the last day in February, starting in 2013 and subsequently every third year, except as described in subsection F.1 of this section in connection with the 2016 comprehensive plan update.

3. SEPA Review. The applicant is responsible for conducting any environmental analysis, including the preparation of an environmental impact statement, if necessary. Environmental review shall be completed prior to planning commission review.

4. Written Analysis. For each proposed amendment, staff will prepare a written analysis for the planning commission. The analysis will be accompanied by a recommendation that the proposed amendment be approved, denied, or approved with modification. Proposals may be grouped and evaluated by geographic sector and/or subject matter to be assessed for cumulative impact.

5. Planning Commission Review. Subsequent to completion of the analysis and SEPA review prepared by staff, the planning commission shall conduct one or more public hearings as defined in BIMC 2.14.020.G. The planning commission shall also solicit comments regarding the proposed amendment from the public or from government agencies in any other manner it determines necessary and appropriate to the nature of the proposed amendment and consistent with RCW 36.70A.140. The notice and public hearing for proposed comprehensive plan amendments may be combined with any notice or public hearing for proposed amendments to the land use code or for other actions of the planning commission; provided, that all appropriate noticing is conducted as required by law.

6. Planning Commission Recommendation. The planning commission shall base its recommendation on whether the application meets the required decision criteria contained in subsection H of this section and consider public input, conclusions from any required studies, the staff recommendation, and findings from the SEPA analysis. The planning commission may recommend to approve, approve with conditions, or deny the proposed amendment. The planning commission must make findings supporting their recommendation. If the planning commission recommends denial of a proposed amendment, the findings shall include that (a) the proposal does not comply with the decision criteria contained in subsection H of this section, or (b) a majority of the planning commission finds that the proposal would be more appropriately and effectively addressed through another aspect of the city’s work program. The planning commission’s findings and conclusions regarding its recommendation shall be forwarded to the city council within 30 days of their final hearing.

7. City Council Review and Decision.

a. The city council considers whether the application meets the required decision criteria contained in subsection H of this section and also considers staff’s recommendation and the planning commission’s recommendations within the context of its budget discussions, and may act on the amendment proposals prior to or at the same time as it adopts the city budget.

b. The council may decide to approve, deny, or approve with modification the proposed amendment.

c. The council shall base its decision on consideration of the record and the required decision criteria contained in subsection H of this section and shall cite these in their findings and conclusions.

8. Denied Amendments. Denied amendments will not be accepted for the next comprehensive plan amendment cycle, unless the proposed amendment is substantially modified or circumstances related to the amendment request have significantly changed. The planning director shall make this determination.

H. Decision Criteria. The planning commission and city council shall base their respective recommendation or decision on a proposed comprehensive plan amendment on the following criteria:

1. Compliance with Law. Amendments to the comprehensive plan shall comply with the Growth Management Act and other state and federal laws.

2. Resources.

a. The city must have the resources, including staff and budget, necessary to implement the proposal.

b. The amendment will not result in development that has significant adverse effects on community resources, including but not limited to: water resources, utilities, transportation, parks or schools.

c. The amendment must not adversely affect the city’s ability to provide the full range of public facilities and services at the planned level of service, or consume public resources otherwise needed to support comprehensive plan implementation strategies.

3. Internal Consistency. Amendments shall be consistent with the land uses and growth projections that are the basis of the comprehensive plan and with the overall intent of the comprehensive plan, including the community vision, overriding principles, and overall goals that guide the plan.

4. Cumulative Effect. All amendments must be considered concurrently in order to evaluate their cumulative effect on the comprehensive plan text and map, development regulations, capital facilities program, adopted environmental policies and other relevant implementation measures.

5. Land Use Impacts. Amendments shall not adversely affect public health, safety or welfare. An amendment must be compatible with neighboring land uses and surrounding neighborhoods, if appropriate. In addition, applications should be reviewed for their cumulative land use impacts.

I. Public Involvement.

1. Standard Procedures. All complete applications for amendment to the comprehensive plan are considered and reviewed by the planning commission and city council. Depending on the content, scope or potential impact of a proposed modification, additional review by other citizen committees and opportunities for public comment may occur. Various public meetings, forums, presentations and outreach may be conducted in order to ensure:

a. Broad dissemination of proposals and alternatives;

b. Opportunity for written comments;

c. Provision for open discussion;

d. Information services; and

e. Consideration of and response to public comments.

2. Neighborhood Meetings. Since all proposals are required to be compatible with neighboring land uses and surrounding neighborhoods, persons proposing site-specific amendments may address issues of compatibility by participating in a neighborhood meeting organized by the city, with notifications as specified by the city.

3. Emergencies. Amendments outside the regular annual amendment cycle, such as emergency amendments, still carry a requirement for appropriate public participation.

4. Revocation. A comprehensive plan amendment may be reversed by the city council outside the regular amendment period upon the finding of any of the following:

a. The approval was obtained by fraud or other intentional or misleading representations; or

b. The amendment is being implemented contrary to the intended purpose of the amendment or other provisions of the comprehensive plan and city ordinances; or

c. The amendment is being implemented in a manner that is detrimental to the public health or safety.

J. Transmittal to State. The department shall notify the appropriate Washington State Department of Commerce of its intent to adopt a comprehensive plan amendment at least 60 days prior to final passage and shall also transmit a copy of all adopted amendments within 10 days after passage by the city council. (Ord. 2021-03 § 8, 2021; Ord. 2015-08 § 1, 2015; Ord. 2011-02 § 2 (Exh. A), 2011)