Proponents are contending that changing the Comprehensive Plan to include the Harbor Square Master Plan is about giving more choice. They suggest we can include residential and increased heights at Harbor Square in our Comp Plan then negotiate heights with the applicant through a development agreement. However, everything incorporated into the Comp Plan is no longer under the control of the Council (legislative body) because the applicant can challenge restrictions through appeal(s) to the court (judicial body).
Here is an article on the Municipal Research and Services Center of Washington website — The Unassailable Right to Make Any Decision You Want: Avoiding Judicial Intervention in Local Land Use Decision Making
Wonky, but excellent reading to further understand why this is not a decision that Council should make without carefully considering the ramifications.
City council members make a vast number of decisions during their incumbency. Some are more important than others.
The Edmonds City Council will consider revising the comprehensive plan to allow a massive mixed-use development on the property known as Harbor Square. If the council rejects the proposed change, the allowable use of the land will be guided by the existing comprehensive plan. Developers would be prohibited from building tall condominiums on the site.
So what’s the big deal? What is a comprehensive plan anyway? Okay, that is a rhetorical question but it gives me an opportunity to provide the blog’s readers with an answer. Generally speaking, a comprehensive plan is a vision of how a given community should develop over a long-term basis. The plan covers a community’s land use, transportation, infrastructure, parks and public spaces, economic development and environment elements. The comprehensive plan is basis for a municipality’s zoning regulations.
So, why should you care? The comprehensive plan should reflect the community’s values. And that’s where you come in. It is a city’s legislative body that adopts the comprehensive plan and revisions to the plan. So if you are not pleased with the proposed development at Harbor Square, contact your city council members. From personal experience, I know that this council is very responsive to citizens.
If the council votes “no”, proponents of the comprehensive plan change cannot, by law, appeal the council’s decision to the judiciary. However, they can petition the state’s Growth Management Hearing Board. But the burden of proof would rest on the petitioners. From my reading of the Growth Management Act, they would not have a strong case. Broadly speaking, the petitioners would have to demonstrate that conditions have changed warranting the need to revise the plan. They might argue that the city is experiencing a budget crisis and needs additional revenue that would be generated if the site were to be developed. But that is not a strong argument as there are other more suitable locations for high density development.
Got the message? Pick up your pen, log onto your computer, or call your elected city council members. They are listening.
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