Chapter 20.10 COMPREHENSIVE PLAN AMENDMENTS

Chapter 20.10
COMPREHENSIVE PLAN AMENDMENTS

Sections:

20.10.010 Statutory authority.

20.10.020 Purpose.

20.10.030 Types of Comprehensive Plan amendments defined.

20.10.040 Docketing of suggested Comprehensive Plan amendments.

20.10.050 Applications for suggested Comprehensive Plan amendments.

20.10.060 Initiation of Comprehensive Plan amendments excluding emergency amendments.

20.10.070 Initiation of emergency Comprehensive Plan amendments.

20.10.080 Approval criteria for Comprehensive Plan amendments.

20.10.090 Review and evaluation of Comprehensive Plan amendments – Staff report.

20.10.100 Review and evaluation of Comprehensive Plan amendments – Planning commission.

20.10.110 Review and evaluation of Comprehensive Plan amendments – County council.

20.10.120 Review schedule.

20.10.130 Transmittal of Comprehensive Plan amendments to the state.

20.10.140 Fees.

20.10.010 Statutory authority.

The Growth Management Act (GMA) requires that an adopted Comprehensive Plan shall be subject to continuing review and evaluation and that any amendments or revisions to the Comprehensive Plan conform to the requirements of Chapter 36.70A RCW, and that any changes to development regulations or official controls are consistent with and implement the Comprehensive Plan (RCW 36.70A.130(2)). Additionally, GMA requires that the county establish procedures whereby proposed amendments or revisions of the Comprehensive Plan are considered by the county council no more frequently than once every year except that amendments may be considered more frequently under the following circumstances:

(1) The initial adoption of a subarea plan;

(2) Adoption or amendment of a shoreline master program;

(3) The amendment of the capital facilities element of a Comprehensive Plan that occurs concurrently with the adoption or amendment of a county or city budget;

(4) The county council has determined that an emergency exists; or

(5) To resolve an appeal of the Comprehensive Plan filed with the Growth Management Hearings Board or court. (Ord. 2000-063 § 1, 2000; Ord. 98-083 Exh. A § 66, 1998; Ord. 98-011 § 2, 1998).

20.10.020 Purpose.

The purpose of this chapter is to define the types of plan amendments and establish time lines and procedures to be followed when proposals are made for amending or revising the county Comprehensive Plan. (Ord. 2000-063 § 1, 2000; Ord. 98-083 Exh. A § 66, 1998; Ord. 98-011 § 2, 1998).

20.10.030 Types of Comprehensive Plan amendments defined.

(1) “Capital facilities element amendment” means a proposed change or revision to the capital facilities element of the Comprehensive Plan.

(2) “Comprehensive Plan amendment” means a modification to the Whatcom County Comprehensive Plan, including but not limited to a capital facilities element amendment, emergency amendment, text amendment, change to the Comprehensive Plan designations map or urban growth area amendment.

(3) “Emergency amendment” means a proposed change or revision to the Comprehensive Plan that arises from a situation that necessitates expeditious action to preserve the health, safety or welfare of the public, or to support the social, economic or environmental well being of the county or region. Emergency amendments may be reviewed and acted upon outside the annual amendment review cycle. Emergency amendments may be adopted by emergency ordinance pursuant to Section 2.40 of the Whatcom County Charter when immediate rather than expeditious action is required.

(4) “Text amendment” means a proposed change or revision in the text of any element of the Comprehensive Plan including revisions to the goals, policies, objectives, principles or standards of the plan.

(5) “Urban growth area amendment” means a change or revision to an urban growth area boundary as adopted by the Comprehensive Plan including both county urban growth areas and those associated with cities. (Ord. 2000-063 § 1, 2000; Ord. 98-083 Exh. A § 66, 1998; Ord. 98-011 § 2, 1998).

20.10.040 Docketing of suggested Comprehensive Plan amendments.

(1) The department of planning and development services shall keep a docket of suggested plan amendments submitted by interested persons, citizens, hearing examiner, county staff, cities, staff of other agencies, and county board or commission members. The docket shall include the following:

(a) Docket number;

(b) Name and address of the person or agency proposing the plan amendment;

(d) Date of proposed amendment;

(e) Section, township and range of affected area, if applicable.

(2) A completed application form described in WCC 20.10.050 shall be on file for all docketed amendment proposals.

(3) The docket and application files shall be available to the public for review during normal business hours.

(4) County planning and development staff shall forward a copy of any suggested plan amendment which would modify a city’s urban growth area to the appropriate city staff and planning commission within 15 days of receipt, and shall notify the city of the date the county council is scheduled to review the proposed amendment at least 10 days prior to consideration by the county council.

(5) The county council shall consider the proposed amendments on the docket on an annual basis during the pre-initiation phase of the amendment cycle (January 1st to March 1st) for potential initiation. (Ord. 2002-007 § 1, 2002; Ord. 2000-063 § 1, 2000; Ord. 98-083 Exh. A § 66, 1998; Ord. 98-011 § 2, 1998. Formerly 20.10.050).

20.10.050 Applications for suggested Comprehensive Plan amendments.

(1) Applications for suggested Comprehensive Plan amendments shall include at least the following information:

(a) A description of the Comprehensive Plan amendment being proposed including proposed map or text changes;

(b) An explanation of how the Comprehensive Plan amendment conforms to the approval criteria of WCC 20.10.080.

(2) The department of planning and development services may prescribe additional information requirements and provide forms for proposed Comprehensive Plan amendments. (Ord. 2000-063 § 1, 2000; Ord. 98-083 Exh. A § 66, 1998; Ord. 98-011 § 2, 1998. Formerly 20.10.060).

20.10.060 Initiation of Comprehensive Plan amendments excluding emergency amendments.

(1) Comprehensive Plan amendments, excluding emergency amendments, shall be initiated by a resolution of the county council adopted by majority vote.

(2) The following amendment proposals shall be deemed initiated and included in the resolution that initiates Comprehensive Plan amendments:

(a) Amendment proposals that the council approves for initiation from those proposed amendments listed in the docket of proposed Comprehensive Plan amendments;

(b) Comprehensive Plan amendments proposed by council members that the council approves for initiation;

(d) Docketed amendment proposals timely submitted by cities.

(3) In determining whether to initiate a Comprehensive Plan amendment, the County Council will consider the following factors:

(a) If the amendment relates to a site within a city’s urban growth area, modification of a city’s urban growth area boundary, or amending Comprehensive Plan text relating to a city’s urban growth area, the county shall consult with and consider the comments of the city, including comments relating to the availability of services. Proposed amendments to city urban growth areas shall be processed in accordance with adopted interlocal agreements between the city and county and any subsequent amendments.

(b) If the amendment relates to removing designated agricultural, forestry or mineral resource lands, the council shall consider any long-term trends in the loss of resource lands and cumulative impacts of approving such an amendment.

(4) The resolution setting the list of Comprehensive Plan amendments initiated for the annual amendment cycle shall be forwarded to the department of planning and development services. Upon receipt of the resolution, the department shall publish the resolution in a newspaper of general circulation, forward a copy to each city staff and planning commission, make copies available to the public and begin the process for the review and evaluation of the proposed amendments as set out in WCC 20.10.090. (Ord. 2002-007 § 1, 2002; Ord. 2000-063 § 1, 2000; Ord. 98-083 Exh. A § 66, 1998; Ord. 98-011 § 2, 1998. Formerly 20.10.070).

20.10.070 Initiation of emergency Comprehensive Plan amendments.

(1) Emergency amendments shall be initiated by resolution approved by a two-thirds majority vote of the council upon a finding that a situation exists that necessitates expeditious action to preserve the health, safety or welfare of the public; or to support the social, economic or environmental well being of the county or region.

(2) Emergency amendments so initiated shall be forwarded to the department of planning and development services who shall immediately begin processing the initiated amendment in the manner set forth for the processing of Comprehensive Plan amendments; provided, that the schedule set forth in WCC 20.10.120 shall not apply.

(3) In conducting their review and evaluation, the department of planning and development services and the planning commission shall each endeavor to perform their responsibilities expeditiously while assuring appropriate public participation.

(4) The emergency amendment process may also be used to process an amendment for the purpose of resolving an appeal of the Comprehensive Plan filed with the Growth Management Hearings Board or with the court.

(5) Nothing in this section shall be construed to limit the authority of the council to adopt an emergency amendment to the Comprehensive Plan by emergency ordinance as provided in Section 2.40 of the Whatcom County Charter. (Ord. 2000-063 § 1, 2000; Ord. 98-083 Exh. A § 66, 1998; Ord. 98-011 § 2, 1998. Formerly 20.10.080).

20.10.080 Approval criteria for Comprehensive Plan amendments.

In order to approve an initiated Comprehensive Plan amendment, the county shall find all of the following:

(1) The amendment conforms to the requirements of GMA, is internally consistent with the Comprehensive Plan, is consistent with the county-wide planning policies and is consistent with any interlocal planning agreements.

(2) Further studies made or accepted by the department of planning and development services and planning commission indicate a need for the amendment or that changed conditions indicate a need for the amendment.

(3) The public interest will be served by approving the amendment. In determining whether the public interest will be served, factors including but not limited to the following shall be considered:

(a) The anticipated effect upon the rate or distribution of population growth, employment growth, development, and conversion of land as envisioned in the Comprehensive Plan.

(b) The anticipated effect upon the ability of the county and/or other service providers, such as cities, schools, water and/or sewer purveyors, fire districts, and others as applicable, to provide adequate services and public facilities including transportation facilities.

(d) Anticipated impact upon critical areas.

(e) Anticipated impact upon designated agricultural, forest and mineral resource lands.

(4) The amendment does not include nor facilitate illegal spot zoning.

.081 In addition to the above criteria, urban growth area amendments that propose the expansion of an urban growth area boundary shall be required to transfer development rights from a designated TDR sending area.

(1) In order to obtain the requested urban growth area expansion, one development right shall be transferred for every five acres included into UGA. The county council may modify this requirement if a development agreement has been entered into that specifies the elements of development in the expanded UGA. The development agreement should include, but not be limited to, affordable housing, density, allowed uses, bulk and setback standards, open space, parks, landscaping, buffers, critical areas, transportation and circulation, streetscapes, design standards and mitigation measures.

(2) Exceptions from requiring TDRs: urban growth area expansion initiated by a government agency, correction of map errors, properties that are urban in character, or expansions where the public interest is served.

(3) Urban growth area expansions initiated by the county, cities or other agencies shall be subject to review by county and city planning staff, and the appropriate administrative bodies, to determine whether the subject site is appropriate for designation as a TDR receiving area. (Ord. 2004-044 § 1; Ord. 2002-007 § 1, 2002; Ord. 2000-063 § 1, 2000).

20.10.090 Review and evaluation of Comprehensive Plan amendments – Staff report.

(1) The department of planning and development services shall conduct environmental review under SEPA and prepare reports including recommendations on all initiated Comprehensive Plan amendments and forward both the reports and the result of the environmental review to the planning commission.

(2) If a proposed amendment relates to a site within a city’s urban growth area, will modify a city’s urban growth area or will amend text relating to a city’s urban growth area, the department of planning and development services shall consult with the planning staff from the impacted city, send a copy of the staff report to the city staff and planning commission and notify the city of the date of the public hearing at least 10 days prior to the hearing.

(3) The reports shall evaluate the merits of each initiated amendment based on the approval criteria of WCC 20.10.080. (Ord. 2002-007 § 1, 2002; Ord. 2000-063 § 1, 2000; Ord. 98-083 Exh. A § 66, 1998; Ord. 98-011 § 2, 1998).

20.10.100 Review and evaluation of Comprehensive Plan amendments – Planning commission.

(1) The planning commission shall receive the staff’s findings and recommendations for the initiated amendments and shall take public comment and hold a public hearing(s) on the amendments. Separate hearings may be conducted on one or more of the amendments at a time at the discretion of the commission.

(2) If a proposed amendment relates to a site within a city’s urban growth area, will modify a city’s urban growth area or will amend text relating to a city’s urban growth area, the planning commission shall follow any additional procedures called for in an adopted interlocal agreement between the county and that city.

(3) At the conclusion of the public hearings and comment period, the commission shall evaluate the merits of each amendment in relationship to the approval criteria of WCC 20.10.080, shall consider all amendments concurrently, and shall make a recommendation to the county council as to whether the amendments should be approved, approved with modifications or denied. The planning commission shall then cause written findings of fact, reasons for action, conclusions and recommendations to be prepared for each amendment. The written findings of fact, reasons for action, conclusions and recommendations shall be forwarded to the county council in the form of an ordinance(s) for its consideration. (Ord. 2002-007 § 1, 2002; Ord. 2000-063 § 1, 2000; Ord. 98-083 Exh. A § 66, 1998; Ord. 98-011 § 2, 1998).

20.10.110 Review and evaluation of Comprehensive Plan amendments – County council.

(1) Comprehensive Plan amendments, except for amendments adopted by emergency ordinance pursuant to Section 2.40 of the Whatcom County Charter, shall be adopted by ordinance after a recommendation by the planning commission has been submitted to the council for consideration. All initiated amendments to the Comprehensive Plan with the exception of amendments set forth in WCC 20.10.010 shall be considered by the council concurrently and no more frequently than once a year so the cumulative effect of the various proposals can be ascertained. The council may schedule such additional public hearings as the council deems necessary to serve the public interest.

(2) If a proposed amendment relates to a site within a city’s urban growth area, will modify a city’s urban growth area or will amend text relating to a city’s urban growth area, the county council shall follow any additional procedures called for in an adopted interlocal agreement between the county and that city.

(3) If, after deliberating, the council believes the public interest may be better served by departing from the recommendation of the planning commission on an initiated amendment, the council shall conduct a public hearing on that amendment.

(4) The council shall base its decision to approve, approve with modifications or deny Comprehensive Plan amendments upon the approval criteria of WCC 20.10.080. (Ord. 2002-007 § 1, 2002; Ord. 2000-063 § 1, 2000; Ord. 98-083 Exh. A § 66, 1998; Ord. 98-011 § 2, 1998).

20.10.120 Review schedule.

The following schedule for the annual review of Comprehensive Plan amendments is hereby established:

(1) Submittal deadline for amendment proposals: December 31st.

(2) Council resolution initiating amendments: on or about March 1st.

(3) Staff reports and recommendations to planning commission: May through August.

(4) Planning commission hearings on initiated amendments: May through August.

(5) Planning commission findings and recommendations submitted to county council: on or about September 1st.

(6) County council final action on initiated amendments: on or about November 30th. (Ord. 2000-063 § 1, 2000; Ord. 98-083 Exh. A § 66, 1998; Ord. 98-011 § 2, 1998).

20.10.130 Transmittal of Comprehensive Plan amendments to the state.

Pursuant to RCW 36.70A.106 and WAC 365-195-620, the department of planning and development services shall notify and transmit copies of initiated Comprehensive Plan amendments to the Washington State Department of Community, Trade and Economic Development (CTED) and other state agencies identified on a list distributed by CTED at least 60 days prior to final adoption. The department of planning and development services shall also transmit a complete and accurate copy of Comprehensive Plan amendments to CTED within 10 days after the enacting ordinance is signed by the county executive. (Ord. 2000-063 § 1, 2000; Ord. 98-083 Exh. A § 66, 1998; Ord. 98-011 § 2, 1998).

20.10.140 Fees.

Fees shall not be required for any application submitted by Whatcom County or a city. All other applicants shall pay fees as specified in the Unified Fee Schedule within 15 days after the county council signs the resolution initiating the amendment or the application shall become null and void. The county council may take official action to waive the fee at the time it approves the initiating resolution if it finds that the proposed amendment will clearly benefit the community as a whole and will not be for private financial gain. (Ord. 2000-063 § 1, 2000).