Chapter 18B.10
COMPREHENSIVE PLAN AND REGULATORY AMENDMENT PROCEDURES
Sections:
18B.10.010 Purpose.
18B.10.020 Applicability.
18B.10.030 Procedures.
18B.10.040 Approval criteria.
18B.10.050 Submittal requirements.
18B.10.060 Timing of amendments.
18B.10.070 Public process and notice.
18B.10.080 Major rezones.
18B.10.090 Development regulation amendments.
18B.10.010 Purpose.
The purpose of this chapter is to provide procedures and criteria for adopting, amending and updating the city of Kelso comprehensive plan and its implementing development regulations. Plan amendments may involve changes in the written text or policies of the plan, to the policy plan maps, or to supporting documents, including capital facilities plans. Plan amendments will be reviewed in accordance with this chapter, state law, the goals and policies of the city of Kelso comprehensive plan, interlocal agreements, official population growth forecasts and growth indicators. Nothing in this chapter shall be construed to limit the legislative authority of the city council to consider and adopt amendments and revisions to the city of Kelso comprehensive plan or development regulations. (Ord. 3700 § 1 (Att. A), 2009)
18B.10.020 Applicability.
A. The criteria and requirements of this chapter shall apply to all applications or proposals for changes to comprehensive plan text, policies, map designations, major rezones, supporting documents and all implementing ordinances unless specifically exempted. The following actions may be considered through the process set forth in this section:
1. Site-specific plan policy map changes;
2. Minor technical plan policy map corrections;
3. Changes to plan maps other than the plan policy maps;
4. Plan policy or other text changes;
5. Changes to any regulations intended to implement the comprehensive plan.
B. Site-specific plan map amendments apply to a limited geographical area controlled either by an individual property owner or all property owners within the designated area. A proposal which modifies or develops policies yet directly affects relatively few individuals or a limited geographical area is considered a site-specific amendment. (Ord. 3700 § 1 (Att. A), 2009)
18B.10.030 Procedures.
A. The planning commission shall hold a public meeting in September of each year to report to the public on progress in implementing the comprehensive plan. At that time, the planning commission will receive public comments and suggestions regarding changes needed in the comprehensive plan and development regulations.
B. Applications for all plan amendments shall be considered legislative actions and subject to the procedures in this section, except as noted above.
C. Applications shall be submitted in writing no later than February 1st in order to be considered for that year’s process.
D. Site-specific policy plan map changes may be initiated by the property owner(s) through a fee-paid application process. All site-specific plan map amendment requests will be docketed for further staff review and consideration by the planning commission and the city council.
E. All other area-wide map and text amendments may be suggested by any party, including community development department staff, without a fee, using the appropriate forms, but shall be docketed at the discretion of the planning commission unless an amendment is determined necessary to remain consistent with state requirements.
F. The planning commission shall provide an opportunity for public comment regarding the suggested text and area-wide map changes, and review them to determine whether they should be docketed to receive further review and consideration as part of the current year’s amendment cycle. A suggested amendment will not be docketed for further processing if the planning commission determines one or more of the following:
1. The suggested amendment would likely cause environmental impacts that have not previously been analyzed or require additional review to determine impacts that cannot be completed within the required time frame.
2. The suggested amendment would require additional analysis to determine capital facilities impacts and amendments that cannot be completed within the required time frame.
3. The suggested amendment would require additional analysis to determine the appropriate land use designation that cannot be completed within the required time frame.
4. The suggested amendment would involve an area that will be part of a subarea planning process in the next two years.
5. The suggested amendment has been previously reviewed by the planning commission or city council, and circumstances have not substantially changed to support an additional review prior to a general plan update.
6. The suggested amendment clearly violates a provision of the city’s comprehensive plan such that no further review is necessary or warranted.
7. The suggested amendment is not sufficiently clear or well-defined to merit further review.
8. The comprehensive plan is not the appropriate place to deal with this suggestion.
9. It is not in the public interest to pursue this suggested amendment at this time.
G. Either the city council or the planning commission may initiate items for docketing and consideration as part of the annual plan amendment cycle.
H. The decision of the planning commission on whether or not to docket a suggested area-wide plan, map or text amendment for additional review is not subject to appeal.
I. After the docket is set, the community development department shall conduct its review of the docketed plan amendments, including analysis of how the proposed amendment meets the criteria for the existing and proposed designation, as well as environmental review. No amendments shall be docketed after the publication of the notice of public hearing and environmental review. If the department determines that any of the proposed amendments would require review of environmental impacts beyond the analysis in the environmental impact statement for the comprehensive plan, such that additional analysis is required that cannot be completed within the amendment schedule, the proposed amendment shall be deferred until the next plan amendment cycle, and the planning commission and the applicant shall be so notified, in writing. Any unused fee deposit will be returned to the applicant at that time, and a new deposit will be required prior to June 1st of the following year to continue the application process. (Ord. 3700 § 1 (Att. A), 2009)
18B.10.040 Approval criteria.
A. The following criteria shall be considered in any review and approval of amendments to the city of Kelso comprehensive plan policy plan maps:
1. The proposed amendment is consistent with the city of Kelso comprehensive plan, and any applicable subarea plans;
2. The site or area is more consistent with the criteria for the proposed map designation than it is with the criteria for the existing map designation;
3. The map amendment or site is suitable for the proposed designation and there is a lack of appropriately designated alternative sites within the vicinity;
4. For an area-wide map amendment, substantial evidence or a special study has been furnished that compels the planning agency to find that the proposed designation is more consistent with the comprehensive plan policies than the current designation;
5. A full range of necessary public facilities and services can be adequately provided in an efficient and timely manner to serve the proposed designation. Such services may include water, sewage, storm drainage, transportation, fire protection and schools;
6. The proposed plan map amendment will not prematurely cause the need for nor increase the pressure for additional plan map amendments in the surrounding area.
B. Cumulative impacts of all plan amendments, including those approved since the original adoption of the plan, shall be considered in the evaluation of proposed plan amendments.
C. Plan policy and other text amendments including capital facilities plans must be consistent with other city of Kelso comprehensive plan goals and policies, and, where applicable, adopted interlocal agreements. (Ord. 3700 § 1 (Att. A), 2009)
18B.10.050 Submittal requirements.
All requests for plan amendments shall be made in writing and shall include the following information. Applications not containing the required information will not be accepted:
A. Site Specific Plan Map Amendments.
1. Completed application form, provided by the community development department, signed by the legal owner or by a representative authorized to do so by written instrument submitted with the form.
2. Signed agreement to pay fees and the required deposit per the adopted fee schedule.
3. Parcel numbers and legal description(s) of the subject property.
4. Map(s) of the subject property which indicate existing buildings, vegetation, roads, critical areas, and the land use of adjacent properties.
5. Information regarding the property including existing and historic land use, soil types, sewage disposal, water supply, previous permit activity and the availability of public facilities including water, sewer, schools, fire service, etc.
6. Written narrative stating the reasons for the plan amendment and how the proposed plan amendment meets the applicable criteria in Section 18B.10.040A.
7. Completed and signed SEPA checklist.
B. Area-Wide Plan Map Amendments.
1. Completed and signed request form provided by the community development department.
2. Map(s) of the subject area which indicate existing buildings, vegetation, roads, critical areas, parcel lines, and the land use of adjacent properties.
3. Information regarding the subject area including existing and historic land use, soil types, sewage disposal, water supply, and the availability of public facilities including water, sewer, schools, fire service, etc.
4. Substantial evidence or special study supporting the change that was not presented at plan adoption or plan updates.
5. Written narrative indicating the proponent’s interest in the subject property, the reasons for the plan amendment and how the suggested area-wide plan map amendment meets the applicable criteria in Section 18B.10.040A.
6. Completed and signed SEPA checklist.
C. Plan or Development Regulation Text Amendments.
1. Completed and signed request form.
2. Suggested amendment.
3. Written narrative including the reasons for the suggested amendment and how it meets the applicable criteria in Section 18B.10.040C.
4. Any relevant supporting documentation. (Ord. 3700 § 1 (Att. A), 2009)
18B.10.060 Timing of amendments.
A. The comprehensive plan shall only be amended once per year in accordance with the time periods and procedures established in this chapter except in the circumstances described as follows:
1. The initial adoption of a subarea plan;
2. The adoption or amendment of a shoreline master program under the procedures set forth in Chapter 90.58 RCW;
3. The amendment of the capital facilities element of a comprehensive plan that occurs concurrently with the adoption or amendment of the city budget;
4. Amendments necessary to achieve the city’s economic development goals as determined by the city council; or
5. Amendments required to resolve a comprehensive plan appeal decision.
B. The plan amendment process may be suspended by the council during a general plan update process. Said suspensions shall require renewal on a year-to-year basis.
C. Proposals, suggestions or applications for plan amendments will be accepted at any time. Items received after February 1st of each year will be processed in the next annual amendment cycle.
D. At its first meeting following February 1st, the planning commission will review the suggested plan changes. When the planning commission has completed its review, it will set the docket of proposed amendments.
E. The department shall establish timelines for additional review and consideration by the planning commission and city council to ensure that the plan amendment process is finished by December 31st of each year. (Ord. 3700 § 1 (Att. A), 2009)
18B.10.070 Public process and notice.
To provide for the opportunity of citizens to suggest and make comments on proposed plan amendments, the following public notice and outreach provisions shall be the minimum provisions required and shall be completed during each plan amendment process:
A. Notice of the plan amendment process deadlines shall be publicized through a general mailing to:
1. Interested parties;
2. Posting on the community development department’s web site;
3. Notice in the local newspaper of record and other print media as appropriate;
4. Press releases to the media; and
5. Posting of information at the community development department and other office areas of the city where interested parties may conduct business.
B. Initial notice of submitted applications will be posted on the community development department’s web site and in the community development department’s offices.
C. Policy plan map amendments, whether site-specific or otherwise, shall follow the following notification procedures:
First Class Mailing.
1. Written notice of the proposed amendment will be sent through first-class mail by the community development department to the following parties:
a. Adjacent property owners (APO) of real property, as listed on the most current Cowlitz County assessor records, located within three hundred feet of any portion of the boundary of the affected area. If an owner within the affected area also owns another adjacent parcel or parcels of real property, notice shall be given to owners of real property located within three hundred feet of any portion of the boundaries of such adjacently located parcels of real property;
b. The contact person for the proposed amendment;
c. Interested or affected public agencies with jurisdiction;
d. Affected Indian tribes; and
e. Jurisdictions within one mile of the proposal.
2. If the open record hearing date is not specified in the notice of the proposed amendment, a second notification listing the open record hearing date must be sent through first-class mail at least fifteen days prior to the first public hearing. This notice must be sent to those parties who were originally mailed a notice.
Posting of Site.
Posting of the site is required prior to an open record public hearing on plan amendment proposals. Posting shall consist of signs provided by the community development department that shall be placed at least fifteen days prior to the date of the public hearing. Signs shall be posted on the subject property so as to be clearly seen from each right-of-way providing primary vehicular access to the subject property. The posted notice shall identify the proposed amendment; describe the extent of the site, comment period dates, hearing dates, and a location where the complete application or proposal may be reviewed. The applicant shall be responsible for removal of the posted notice upon the conclusion of the hearing.
Publication Notice.
Notice of the proposed amendment shall be published in a newspaper of general circulation in the general area of the proposal. The notice shall be published once, at least fifteen days prior to the date of the first public hearing. This notice shall include the proposal location in other than a legal description, a brief description of the proposed amendment, comment period dates, hearing dates if applicable, and a location where the complete application or proposal may be reviewed.
Closed Record Public Hearing Notice.
Public notice of closed record public hearings and closed record appeals will be provided by first-class mailing to all parties of record.
D. Additional public notification may be undertaken by the community development department, if it determines that it is in the public interest to do so. (Ord. 3700 § 1 (Att. A), 2009)
18B.10.080 Major rezones.
Legislative rezones necessary to maintain consistency between the comprehensive plan policy map and the official zoning map shall be completed concurrently with the plan amendment process wherever appropriate. Major rezones shall not require additional fees or review processes. Rezones completed as part of the plan amendment process shall be reviewed against the criteria as for plan amendments in Section 18B.10.040 and must be consistent with the requested plan designation. Rezones involving the zoning ordinance and not requiring a plan amendment are subject to Section 17.150.050. (Ord. 3700 § 1 (Att. A), 2009)
18B.10.090 Development regulation amendments.
A. Any interested party may suggest amendments to development regulations at any time, in writing, to the administrative official.
B. At its annual public meeting to review progress in implementing the comprehensive plan, held during their general meeting in September, the planning commission will accept oral and written comments from any interested party.
C. Following the annual meeting, the administrative official will compile a list of suggested changes, and will recommend to the planning commission which should be docketed for further consideration during the current amendment cycle, deferred for future research and consideration, or not pursued. The administrative official shall provide the city council with the planning commission’s recommendations regarding deferred items when setting the community development department work program for the next budget cycle. (Ord. 3700 § 1 (Att. A), 2009)