Chapter 16B.10
COMPREHENSIVE PLAN AMENDMENT PROCEDURES

Sections:

16B.10.010    Purpose.

16B.10.020    Applicability.

16B.10.030    Procedures.

16B.10.040    Approval Criteria.

16B.10.050    Submittal Requirements.

16B.10.060    Timing of Amendments.

16B.10.070    Public Process and Notice.

16B.10.080    Major Rezones.

16B.10.090    Development Regulation Amendments.

16B.10.010 Purpose.

The purpose of this chapter is to provide procedures and criteria for amending and updating the Yakima County Comprehensive Plan and 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, the state Growth Management Act (GMA), the Yakima County-Wide Planning Policy, the goals and policies of the Yakima County Comprehensive Plan, local city comprehensive plans, interlocal agreements, applicable capital facilities plans, official population growth forecasts and growth indicators. Nothing in this chapter shall be construed to limit the legislative authority of the county to consider and adopt amendments and revisions to the Yakima County Comprehensive Plan or the county’s development regulations.

(Ord. 4-2000 § 1 (part), 2000).

16B.10.020 Applicability.

(1)    The criteria and requirements of this chapter shall apply to all applications or proposals for changes to the comprehensive plan text, policies, map designations, major rezones or supporting documents unless specifically exempted. The following types of plan amendments may be considered through the plan amendment process:

(a)    Site-specific plan policy map changes including land use, urban growth boundaries, and mineral resources;

(b)    Area-wide plan policy map changes;

(c)    Minor technical plan policy map corrections;

(d)    Changes to plan maps other than the plan policy maps;

(e)    Plan policy or other text changes.

(2)    The criteria, but not the timing requirements, of this chapter shall apply to plan amendments that are exempted from requirements for annual concurrent review of plan amendments, per RCW 36.70A.130. These include:

(a)    The initial adoption of a subarea plan;

(b)    The adoption or amendment of a shoreline master program under the procedures set forth in Chapter 90.58 RCW;

(c)    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;

(d)    Amendments necessary to address an emergency situation;

(e)    Amendments required to resolve a comprehensive plan appeal decision filed with a growth management hearings board or with the court.

(3)    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. 4-2000 § 1 (part), 2000).

16B.10.030 Procedures.

(1)    The planning commission shall hold a public meeting in March 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.

(2)    Applications for all plan amendments shall be considered legislative actions and subject to the procedures in this section, except as noted above.

(3)    Applications shall be submitted in writing by June 1 in order to be considered for that year’s process.

(4)    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 county planning commission and the board of county commissioners.

(5)    All other map and text amendments may be suggested by any party, including planning department staff, without a fee, using the appropriate forms, but shall be initiated at the discretion of the planning commission.

(6)    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:

(a)    The suggested amendment would likely cause environmental impacts that have not previously been analyzed or require additional review to determine impacts that can not be completed within the required time frame.

(b)    The suggested amendment would require additional analysis to determine capital facilities impacts and amendments that cannot be completed within the required time frame.

(c)    The suggested amendment would require additional analysis to determine the appropriate land use designation that cannot be completed within the required time frame.

(d)    The suggested amendment would involve an area that will be part of a subarea planning process in the next two years.

(e)    The suggested amendment has been previously reviewed by the planning commission or board of county commissioners, and circumstances have not substantially changed to support an additional review prior to a general plan update.

(f)    The suggested amendment clearly violates a provision of the countywide planning policies, a city comprehensive plan, the Yakima County Comprehensive Plan or the GMA such that no further review is necessary or warranted.

(g)    The suggested amendment is not sufficiently clear or well-defined to merit further review.

(h)    The comprehensive plan is not the appropriate place to deal with this suggestion.

(i)    It is not in the public interest to pursue this suggested amendment at this time.

(7)    Either the board of county commissioners or the planning commission may initiate items for docketing and consideration as part of the annual plan amendment cycle.

(8)    The decision of the planning commission on whether to docket a suggested area-wide plan area-wide map or text amendment for additional review is not subject to appeal.

(9)    After the docket is set, the planning 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 1 of the following year to continue the application process.

(Ord. 4-2000 § 1 (part), 2000).

16B.10.040 Approval Criteria.

(1)    The following criteria shall be considered in any review and approval of amendments to Yakima County Comprehensive Plan Policy Plan Maps:

(a)    The proposed amendment is consistent with the Growth Management Act and requirements, the countywide planning policies, the Yakima County Comprehensive Plan, applicable subarea plans, applicable city comprehensive plans, applicable capital facilities plans and official population growth forecasts and allocations;

(b)    The site or area is more consistent with the criteria for the proposed map designation than it is with the criteria for the existing plan designation.

(c)    The map amendment or site is suitable for the proposed designation and there is a lack of appropriately designated alternative sites within the vicinity;

(d)    For an area-wide map amendment, substantial evidence or a special study has been furnished which compels the planning commission to find that the proposed designation is more consistent with Yakima County Comprehensive Plan policies than the current designation.

(e)    To change a resource designation, the plan map amendment must do one of the following. In the case of agricultural resource lands, the “Agricultural Resource Areas Dedesignation Analytical Process” in the mapping criteria portion of the agricultural resource areas in the land use subchapter of Plan 2015, Volume 1, Chapter I, must be followed. If the result is eight impacts to agriculture or higher, then that should be considered conclusive evidence that one of the four following criteria is met:

(i)    Respond to a substantial change in conditions beyond the property owner’s control applicable to the area within which the subject property lies; or

(ii)    Better implement applicable comprehensive plan policies than the current map designation; or

(iii)    Correct an obvious mapping error; or

(iv)    Address an identified deficiency in the plan.

(f)    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.

(g)    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.

(2)    The following criteria shall be considered in any review and approval of expansions of the Urban Growth Boundaries for residential purposes:

(a)    There is insufficient land suitable for development within the urban growth boundary to accommodate the adopted population allocation that has not yet been accommodated;

(b)    There is a lack of suitable lands within the boundary for the proposed land use;

(c)    The provision of urban services to the area is prescribed, and funding responsibilities delineated, in conformity with the comprehensive plan, including applicable capital facilities element, of the municipality to which the property will be added or whose urban growth boundary is to be expanded;

(d)    Designated resource lands may not be included unless it is shown that there are no practicable alternatives;

(e)    The extension of the urban growth boundary incorporates the amount of land deemed appropriate by the municipality to which the property will be added or whose urban growth boundary is to be expanded, in order to accommodate the proposed use; and

(f)    If the urban growth boundary has accommodated the adopted population allocation prior to the adoption of revised population forecasts, the urban growth boundary shall not be expanded until updated regional population forecasts and allocations have been adopted, unless the party seeking expansion of the urban growth boundary has otherwise established a need to accommodate such expansion.

(3)    The following criteria shall be considered in any review and approval of expansions of urban growth boundaries for other purposes:

(a)    There is insufficient land compatible with the proposed development within the existing urban growth boundary to accommodate the proposed development;

(b)    The provision of urban services is prescribed, and funding responsibilities delineated, in conformity with the comprehensive plan, including capital facilities element, of the municipality to which the property will be added or whose urban growth boundary is to be expanded;

(c)    Designated resource lands may not be included unless it is shown that there are no practicable alternatives;

(d)    The extension of the urban growth boundary incorporates the amount of land deemed appropriate by the municipality to which the property will be added or whose urban growth boundary is to be expanded, in order to accommodate the proposed use.

(4)    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.

(5)    Plan policy and other text amendments including capital facilities plans must be consistent with the GMA, CWPP, other Yakima County Comprehensive Plan goals and policies, and, where applicable, city comprehensive plans and adopted interlocal agreements.

(Ord. 3-2003 § 4, 2003: Ord. 4-2000 § 1 (part), 2000).

16B.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:

(1)    Site specific plan map amendments:

(a)    Completed application form, provided by the planning department, signed by the legal owner or by a representative authorized to do so by written instrument submitted with the form.

(b)    Signed agreement to pay fees and the required deposit per the adopted fee schedule.

(c)    Parcel numbers and legal description(s) of the subject property.

(d)    Map(s) of the subject property which indicate existing buildings, vegetation, roads, critical areas, and the land use of adjacent properties.

(e)    Information regarding the property including existing and historic land use, soil types, sewage disposal, water supply, suitability as resource lands (if currently designated as such), any known cultural resources, previous permit activity and the availability of public facilities including water, sewer, schools, fire service, etc.

(f)    Written narrative stating the reasons for the plan amendment and how the proposed plan amendment meets the applicable criteria in Section 16B.10.040(1).

(g)    Completed and signed SEPA checklist.

(2)    Area-wide plan map amendments:

(a)    Completed and signed request form provided by the planning department.

(b)    Map(s) of the subject area which indicate existing buildings, vegetation, roads, critical areas, parcel lines, and the land use of adjacent properties.

(c)    Information regarding the subject area including existing and historic land use, soil types, sewage disposal, water supply, suitability as resource lands (if currently designated as such), any known cultural resources, and the availability of public facilities including water, sewer, schools, fire service, etc.

(d)    Substantial evidence or special study supporting the change that was not presented at plan adoption or plan updates.

(e)    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 16B.10.040(1).

(f)    Completed and signed SEPA checklist.

(3)    Plan or development regulation text amendments:

(a)    Completed and signed request form

(b)    Suggested amendment

(c)    Written narrative including the reasons for the suggested amendment and how the it meets the applicable criteria in Section 16B.10.040(2)

(d)    Any supporting documentation.

(Ord. 4-2000 § 1 (part), 2000).

16B.10.060 Timing of Amendments.

(1)    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 in Section 16B.10.020(2).

(2)    The plan amendment process may be suspended by the board during a general plan update process.

(3)    Proposals, suggestions or applications for plan amendments will be accepted at any time. Items received after June 1st of each year will be processed in the next annual amendment cycle.

(4)    At its first meeting following June 1, 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.

(5)    The department shall establish timelines for additional review and consideration by the planning commission and board of county commissioners to ensure that the plan amendment process is finished by December 31st of each year.

(Ord. 4-2000 § 1 (part), 2000).

16B.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 completed during each plan amendment process.

(1)    Notice of the plan amendment process deadlines shall be publicized through a general mailing to interested parties, posting on the planning department’s web site, notice in the county’s newspaper of record and other print media as appropriate, press releases to the media, and posting of information at the planning department and other office areas of the county where interested parties may conduct business.

(2)    Initial notice of submitted applications will be posted on the planning department’s web site and in the planning department’s offices.

(3)    Policy plan map amendments, whether site-specific or otherwise, shall follow the notification provisions for Type III reviews set forth in Chapter 16B.05.

(4)    Additional public notification may be undertaken by the planning department, if it determines that it is in the public interest to do so.

(Ord. 4-2000 § 1 (part), 2000).

16B.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 16B.10.040 and Section 15.76.036 and must be consistent with the requested plan designation as shown pursuant to Table 15.76. Rezones not requiring a plan amendment are subject to Section 15.76.050.

(Ord. 4-2000 § 1 (part), 2000).

16B.10.090 Development Regulation Amendments.

(1)    Any interested party may suggest amendments to development regulations at any time, in writing, to the administrative official.

(2)    At its annual public meeting to review progress in implementing the Yakima County Comprehensive Plan, held the fourth Wednesday in March, the planning commission will accept oral and written comments from any interested party.

(3)    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 board of county commissioners with the planning commission’s recommendations regarding deferred items when setting the planning department work program for the next budget cycle.

(Ord. 4-2000 § 1 (part), 2000).