Chapter 14.32
COMPREHENSIVE PLAN AND DEVELOPMENT REGULATION AMENDMENT PROCESS*
Sections:
14.32.060 Additional required criteria specific to urban growth area (UGA) boundary changes.
14.32.070 Governmental coordination.
* Prior history: Ord. 98-04-30B Exh. A.
14.32.010 Purpose.
The purpose of this chapter is to provide a process pursuant to the requirements of Chapter 36.70A RCW for the amendment or revision of the comprehensive plan and development regulations. (Ord. TLS 22-05-31A; Res. TLS 04-02G Att. B (part))
14.32.020 Authority.
The authority to amend a comprehensive plan and/or development regulations is granted pursuant to Chapter 36.70 RCW and RCW 36.70A.130. (Ord. TLS 22-05-31A; Res. TLS 04-02G Att. B (part))
14.32.030 Applicability.
A. The requirements of this chapter shall apply to all applications or proposals for changes to the comprehensive plan text, policies, map designations, and zoning unless specifically exempted. The following types of plan amendments may be considered through the plan amendment process:
1. Site-specific plan policy map changes including land use, urban growth boundaries, and mineral resources;
2. Area-wide plan policy map changes;
3. Minor technical plan policy map corrections;
4. Changes to plan maps other than the plan policy maps;
5. Plan policy or other text changes.
B. The criteria, but not the timing requirements, of this chapter shall apply to plan amendments that are exempt from requirements for annual concurrent review of plan amendments, per RCW 36.70A.130. These include:
1. The initial adoption of a sub-area 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 a county or city budget;
4. Amendments necessary to address an emergency situation;
5. Amendments required to resolve a comprehensive plan appeal decision filed with the Growth Management Hearings Board or with the court. (Ord. TLS 22-05-31A; Res. TLS 04-02G Att. B (part))
14.32.040 Amendment review.
A. Types of Amendments.
1. Site-Specific Map Amendments. 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. Site-specific plan map changes may be initiated by the property owner(s) through a fee-paid application process. Applications must be received at the Douglas County transportation and land services office no later than five o’clock p.m. on the second Monday of May. Any applications received after the second Monday of May will be processed the following year.
The planning commission will make a recommendation on the proposed amendments and transmit them for final action by the board of commissioners at the completion of the annual comprehensive plan amendment process.
2. Urban Growth Area Amendments. Proposed amendments to a designated urban growth boundary, industrial service area boundary, or rural service center boundary may be initiated only by the Douglas County board of commissioners, Douglas County regional planning commission or the legislative authority for the cities of Bridgeport, Coulee Dam, East Wenatchee, Mansfield, Rock Island or Waterville.
3. Area-Wide Map Amendments. A map amendment that is of area-wide significance and usually includes several separate properties under various ownerships may be initiated only by the Douglas County board of commissioners or the Douglas County regional planning commission.
4. Text Amendments. Proposed amendments to the text goals, policies, objectives, principles or standards of the comprehensive plan or text changes to the development regulations may be initiated only by the Douglas County board of commissioners or the Douglas County regional planning commission.
B. Applications to amend the Douglas County comprehensive plan or development regulations shall be processed as a legislative review pursuant to DCC Section 14.10.050.
C. Pursuant to RCW 36.70A.130, amendments to the Douglas County comprehensive plan shall be considered by the board of county commissioners not more frequently than once a year.
D. Sixty-day review to the required state agencies, pursuant to RCW 36.70A.106, should occur in September and October for the amendment of the comprehensive plan for that year. (Ord. TLS 22-05-31A; Ord. TLS 21-18-48B § 1; Ord. TLS 17-03-13B Exh. B; Res. TLS 04-02G Att. B (part))
14.32.050 Review criteria.
A. The following criteria shall be considered in any review of proposed amendments to the Douglas County Comprehensive Plan:
1. The proposed amendment is consistent with the Growth Management Act and requirements, the county-wide planning policies, the Douglas County Comprehensive Plan, applicable sub-area plans, applicable city comprehensive plans, applicable capital facilities plans and official population growth forecasts and allocations.
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 plan 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 which compels the planning commission to find that the proposed designation is more consistent with Douglas County comprehensive plan policies than the current designation.
5. To change a resource designation, the plan map amendment must do one of the following:
a. Respond to a substantial change in conditions beyond the property owner’s control that is area-wide in nature;
b. Implement applicable comprehensive plan policies more than the current map designation;
c. Correct an obvious mapping error; or
d. Address an identified deficiency in the plan.
6. 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.
7. 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. Plan policy and other text amendments including capital facilities plans must be consistent with the GMA, DCRPP, other Douglas County comprehensive plan goals and policies, and, where applicable, city comprehensive plans and adopted interlocal agreements. (Ord. TLS 22-05-31A; Res. TLS 04-02G Att. B (part))
14.32.060 Additional required criteria specific to urban growth area (UGA) boundary changes.
A. The following criteria shall be considered in any review of expansions of the urban growth boundaries for non-residential purposes:
1. There is a lack of suitable lands within the boundary for the proposed land use;
2. The provision of urban services to the area is prescribed, and funding responsibilities delineated, in conformity with the capital facilities element and utilities element of the applicable comprehensive plan;
3. Designated resource lands may not be included unless it is shown that there are no practicable alternatives; and
4. The expansion of the urban growth boundary incorporates the amount of land deemed appropriate to resolve the identified deficiency.
B. In addition to criteria in subsections (A)(1) through (4) of this section, the following criteria shall also be considered in any review of expansions of urban growth boundaries for residential purposes:
1. There is insufficient land suitable for development within the urban growth boundary to accommodate the adopted population allocation that has not yet been accommodated;
2. 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. (Ord. TLS 22-05-31A; Res. TLS 04-02G Att. B (part))
14.32.070 Governmental coordination.
The county has adopted the comprehensive plans for the cities/towns of Bridgeport, Coulee Dam, East Wenatchee, Mansfield, Rock Island and Waterville as these plans relate to the unincorporated portions of each city’s urban growth area. All proposed amendments to these plans that affect the unincorporated portions of each city’s urban growth area shall be submitted to the county. In recognition of the cities’/towns’ role in cooperatively planning for growth and development within the UGAs, all proposed amendments to the cities’/towns’ comprehensive plans affecting the unincorporated portions of the UGAs shall be reviewed by the respective city’s/town’s legislative authority.
Amendments shall be processed according to the applicable procedure:
A. Proposed revisions to the city of East Wenatchee urban growth boundary and accompanying amendments to the Greater East Wenatchee Area comprehensive plan and/or implementing development regulations shall be reviewed through the following process:
1. The city of East Wenatchee shall process proposed amendments to the city’s comprehensive plan and implementing development regulations in accordance with the city’s established procedures.
2. The city of East Wenatchee will initiate the sixty-day review process required by RCW 36.70A.106, and combine environmental review required by Chapter 43.21C RCW. The review will be jointly sponsored by the city of East Wenatchee and Douglas County.
3. Early in the joint sixty-day review process the city of East Wenatchee shall schedule a joint workshop of the city’s planning commission and the Douglas County planning commission where the city will present the proposed amendments. The city may choose to have their representative present the proposed amendments to the Douglas County planning commission, in lieu of a joint planning commission workshop.
4. Upon conclusion of the joint sixty-day review process, the city of East Wenatchee and Douglas County shall hold a joint planning commission hearing for the purpose of developing a recommendation for each jurisdiction’s legislative body.
5. The Douglas County board of commissioners and the city of East Wenatchee council shall hold a joint public meeting to consider the proposed amendments and planning commission recommendations. At the public meeting (or public hearing which may subsequently be set by the jurisdictions), the Douglas County board of commissioners shall take action on the proposal, followed by the city of East Wenatchee council.
6. The city of East Wenatchee shall issue a joint notice of adoption to the Washington State Department of Commerce. Publication of the joint notice of adoption shall be the responsibility of Douglas County.
B. Map amendments to the Greater East Wenatchee Area Plan/implementing zoning map within the unincorporated portions of the city of East Wenatchee urban growth area shall be reviewed through the following process:
1. Douglas County shall process proposed map amendments for the Greater East Wenatchee Area Plan/implementing zoning map within the unincorporated portions of the city of East Wenatchee urban growth area in accordance with the county’s established procedures.
2. Douglas County will initiate the sixty-day review process required by RCW 36.70A.106, and combine environmental review required by Chapter 43.21C RCW. The review will be jointly sponsored by the city of East Wenatchee and Douglas County.
3. Early in the joint sixty-day review process, Douglas County shall have a representative present the proposed amendments to the city of East Wenatchee planning commission.
4. A Douglas County representative shall present the county’s adopted changes during a hearing before the city of East Wenatchee planning commission.
C. The following two categories of city comprehensive plan and development regulation amendments shall be addressed under the process listed below.
1. Proposed amendments to the Greater East Wenatchee Area Plan and/or implementing development regulations that:
a. Are not associated with a change to the urban growth boundary for the city of East Wenatchee; or
b. Do not include map changes to the Greater East Wenatchee Area Plan/implementing zoning map within the unincorporated portions of the city of East Wenatchee urban growth area.
2. Proposed amendments to the urban growth boundaries of the cities/towns of Bridgeport, Mansfield, Rock Island, and Waterville, as well as these jurisdictions’ comprehensive plans and/or implementing development regulations within each respective jurisdiction’s urban growth area.
3. The process for amendments processed pursuant to subsection (C)(1) or (2) of this section includes the following steps and components:
a. The city/town shall process proposed amendments to their comprehensive plan and implementing development regulations in accordance with the city’s/town’s established procedures.
b. The city/town will initiate the sixty-day review process required by RCW 36.70A.106, and combine environmental review required by Chapter 43.21C RCW. The review will be jointly sponsored by the city/town and the county.
c. Early in the joint sixty-day review process, the city/town shall have a representative present the proposed amendments to the Douglas County planning commission.
d. Adopted changes to the city’s/town’s comprehensive plan and/or development regulations must be submitted to Douglas County no later than the fourth Monday of October, in order to be considered during Douglas County’s amendment process that calendar year.
e. A city/town representative shall present the city’s/town’s adopted changes during a hearing before the Douglas County planning commission. (Ord. TLS 22-05-31A; Ord. TLS 10-06-30B Exh. B (part): Res. TLS 04-02G Att. B (part))