Chapter 21.31
COMPREHENSIVE PLAN AMENDMENT PROCESS1
Sections:
21.31.010 Purpose and authority.
21.31.020 Types of amendments.
21.31.050 Emergency and other amendments.
21.31.010 Purpose and authority.
A. The purpose of this chapter is to establish procedures for guiding the review of comprehensive plan amendments and/or revisions, pursuant to the authority granted to the city for that purpose in Chapters 35A.63 and 36.70A RCW. Because it is the policy guideline for several aspects of government operations, including capital budget decisions, it is important that the comprehensive plan be regularly evaluated and revised as necessary to remain an accurate blueprint for the city.
B. In order that the cumulative effects of various proposals can be determined, the city will consider such proposed amendments concurrently and not more frequently than once a year, except under the following circumstances:
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; and
3. The amendment of the capital facilities element of a comprehensive plan that occurs concurrently with the adoption or amendment of the city’s budget.
C. Additionally, at the discretion of the city council, the comprehensive plan may be amended or revised whenever an emergency exists, as defined in LMC 21.31.020(C), or to resolve an appeal of an amendment filed with the growth management hearings board or with the court. At a minimum, the comprehensive plan shall be reviewed and revised as necessary at least every five years. [Ord. 1415 § 1 (Att. A), 2012; Ord. 1158 § 3, 2001.]
21.31.020 Types of amendments.
Any proposed amendments and/or revisions to the comprehensive plan will be categorized into one of the following types:
A. “Area-wide amendment” is a proposed change or revision which has general applicability throughout the community. Within this type of amendment, there are two categories: “text amendment” to change or revise the goals, policies, objectives, assumptions and/or standards described in the plan; and “area-wide map amendment” to change or revise one or more of the maps of the comprehensive plan. In either instance, the proposal is comprehensive in nature and may be geographically distinctive or have unified interest within the city. While an area-wide map amendment typically includes several separate properties under various ownership, it is possible that it would apply to a single, specific piece of property under a single ownership. These amendments are considered legislative in nature and must be initiated by the Leavenworth city council.
B. “Capital facilities amendment” is a proposed change or revision specifically related to the capital facilities element of the comprehensive plan which affects capital budget decisions. These amendments are considered legislative in nature and must be initiated by the Leavenworth city council.
C. “Emergency amendment” is a proposed change or revision to any part of the comprehensive plan which arises from a situation that necessitates the immediate preservation of the public health, safety and welfare. These amendments are considered legislative in nature and must be initiated by the Leavenworth city council.
D. “Map amendment” is a proposed change to the land use designation on a property and typically involves a specific piece of property or affects relatively few specific properties. These amendments typically impact a specific property and may be applied for by a property owner or initiated by the Leavenworth city council.
E. “Urban growth area amendment” is a proposed change within the unincorporated urban growth area or a revision to the location of the designated urban growth area boundary. The adoption of any map amendment in the unincorporated portions of the urban growth area and/or changes to the urban growth area boundary is within the regulatory authority of Chelan County. Provisions for the review of map amendments and changes to the urban growth area boundary are as outlined in Chapter 14.14, Comprehensive Plan Amendments, Title 14, Development Permit Procedures and Administration, Chelan County Code. The county will consider and attempt to reach agreement with the city on the location of the urban growth area, pursuant to RCW 36.70A.110 and all amendments within the unincorporated portions of the urban growth area as outlined in Title 14, Chelan County Code, and per the Memorandum of Understanding dated July 3, 1997. All proposed “area-wide amendments” within the unincorporated portions of the city urban growth area are considered legislative and shall be initiated by the Leavenworth city council. [Ord. 1415 § 1 (Att. A), 2012; Ord. 1158 § 3, 2001.]
21.31.030 General time frame.
The following is a general description of the time frame during which the comprehensive plan may be amended in any given year:
A. Throughout the year, the city will identify and docket issues, concerns, inconsistencies and/or deficiencies in the comprehensive plan which become known through either public, council, or staff observations.
B. Early Public Participation. The general public will be made aware in November and December of the upcoming comprehensive plan amendment process through one or more of the following methods: newspaper articles, postings on the city notices or listserv, during regular city council and/or planning commission meetings, and through any other opportunities and/or means deemed necessary. All requests for city-initiated amendment proposals from the public must be received by December 31st to be considered for the upcoming year amendment process.
C. In early January of each year, the city council and planning commission will sponsor a joint public workshop during which a list of city-initiated proposals will be formalized, based primarily on the items docketed throughout the previous year.
D. By January 31st of each year, all required application materials for proposed map amendments (excluding the unincorporated portions of the urban growth area) which are not city-initiated (i.e., those which are requested by private persons, organizations, agencies, etc.) must be submitted to the city. Map amendments within the unincorporated portions of the urban growth area that are not required to be initiated by the city shall be submitted to Chelan County per the requirements outlined in the Chelan County Code. Proposed map amendments in the unincorporated portions of the urban growth area are required to be forwarded from the county to the city as outlined in the Chelan County Code.
1. If there are requested map amendments, the docket may be modified following Chelan County’s map amendment requirements.
E. City staff will research and review the final list of proposed amendments, including any required environmental review, in consultation with agencies and city departments, as appropriate.
F. A public participation plan may be developed to outline how public engagement will be encouraged.
G. The amendments will be forwarded to the appropriate state agencies via the Department of Commerce, thereby beginning the 60-day review process as required under RCW 36.70A.106.
H. The planning commission’s public review process will occur throughout the calendar year.
I. Upon receiving the planning commission’s recommendation, the city council will begin a public review process of the amendments.
J. At the completion of the required 60-day state agency review process, the city council will review and act upon, as necessary, all comments received on the proposed amendments, including those from the general public and state agencies.
K. Final adoption of any amendments by the city council shall occur at a public hearing prior to the end of each year, as feasible. The review of area-wide amendments can be continued until the next year’s amendment cycle at the discretion of the council. All recommendations of the city council for proposed map amendments submitted to Chelan County, affecting the unincorporated portions of the urban growth area, shall be submitted to the county. All city-initiated comprehensive plan amendments affecting the unincorporated portions of the urban growth area adopted by the city council shall also be submitted to the county to be considered for adoption by the Chelan County Board of Commissioners. [Ord. 1596 § 1 (Att. A), 2019; Ord. 1415 § 1 (Att. A), 2012; Ord. 1158 § 3, 2001.]
21.31.040 Review process.
Amendments to the comprehensive plan shall be processed as a legislative review under this title. The following steps, review criteria and application requirements, where necessary, will be applied when reviewing any aspect of the comprehensive plan, except for proposed map amendments (not area-wide) within the unincorporated urban growth area which will be reviewed as outlined in the Chelan County Code.
A. The city council, planning commission and city staff will identify and track issues using a docket which arise over the course of the year which demonstrate inconsistencies and/or deficiencies in any portion of the comprehensive plan. For the purposes of this title, “inconsistencies and/or deficiencies” refers to the absence of required or potentially desirable content of a comprehensive plan. The docket shall be maintained by city staff, consisting of references to specific text and/or map change requests or additions.
B. In early January of each year, the city council and planning commission will hold a joint public workshop to decide on the issues which will be sponsored by the city during the comprehensive plan amendment process. The list of city-initiated proposals will be generated from the following sources:
1. The list of docketed issues maintained by city staff; and/or
2. Proposals from private persons, organizations, and agencies which the council and planning commission decide would serve the public interest and would therefore be appropriately sponsored by the city.
C. Proposals requested by private persons, organizations, and agencies to be sponsored by the city as described in subsection (B)(2) of this section may be submitted in the form of a written request to the city council and planning commission by December 31st of the previous year. All proposals must contain the following minimum information:
1. The name, address and phone number of the sponsor(s) and/or interested group who are presenting the request;
2. The type of proposal, as defined by LMC 21.31.020;
3. The specific text and/or map of the comprehensive plan which would be affected by the proposal;
4. The parcel number(s), address and legal description to establish the location for any proposed map changes;
5. An explanation of why the proposal is being presented for consideration;
6. An explanation of how the proposed amendment(s) address the review criteria listed in subsection (E) of this section; and
7. A brief discussion of how the proposal would be consistent with the Growth Management Act (Chapter 36.70A RCW), the adopted county-wide planning policies, and the Leavenworth comprehensive plan.
D. Any private person, organization or agency may apply to the city to have a map amendment, as defined in LMC 21.31.020, included in the comprehensive plan amendment process, including those proposals which have previously been denied the request to be city-initiated. Map amendments for the unincorporated portions of the urban growth area must be submitted to Chelan County as provided for in the Chelan County Code. All required application materials must be submitted to the city by January 31st of each year, and must contain the following information:
1. All items listed in subsection (C) of this section;
2. Additional information determined by the city as being necessary for evaluation of the proposal including, but not limited to, specific legal descriptions, mapped locations, site plans, environmental information, etc.; and
3. The applicable processing fee for comprehensive plan amendments as determined in the city’s fee schedule. Said fee will be expended at the hourly rate established in the adopted city schedule resolution for the required staff time in analyzing the proposed amendment.
E. The city council will conduct a public meeting to review all city-initiated proposals, applications for proposals to amend the comprehensive plan submitted under subsection (D) of this section, and proposed map amendments forwarded by Chelan County, for inclusion in the final list of amendments to be considered for each year. City staff will prepare a brief report on each proposal, to be forwarded to the city council seven days prior to the public meeting. For proposed city-initiated amendments, the following criteria shall be used as a basis for evaluation:
1. Is the proposed amendment necessary to resolve inconsistencies in the provisions of the comprehensive plan and/or development regulations or to address state or federal mandates?
2. Is the proposed amendment consistent with the Growth Management Act, the county-wide planning policies and the Leavenworth comprehensive plan?
3. Is the proposed amendment consistent with the existing comprehensive plan (encompassing any other documents incorporated therein), including the assumptions and/or other factors such as population, employment, land use, housing, transportation, capital facilities, economic conditions, etc., contained in the comprehensive plan? If the proposed amendment is inconsistent with any existing aspects of the comprehensive plan, what new or revised assumptions, background information changes, goals, policies, objectives, etc., must be made, and what conditions have changed that warrant such modification?
4. For those proposed amendments which relate to a change in the comprehensive plan land use map, is the proposed designation adjacent to property having a similar and/or compatible designation?
5. Will the proposed amendment affect lands designated as resource lands of long-term commercial significance and/or critical areas? If so, how will the proposed amendment impact these areas?
F. For proposed amendments initiated under subsection (D) of this section and map amendments forwarded to the city by Chelan County, a brief overview of proposed amendments will be provided in the staff report.
G. Based on the final list of proposed amendments to be reviewed, city staff will prepare a report which evaluates all of the proposed amendments, including the required environmental review. The staff report which will be an integrated and cumulative analysis will be developed. Specifically, the report will include, at a minimum, an analysis of the interrelationship of the proposed amendment(s), the criteria set forth in this chapter and the following:
1. Probable impacts of the proposed action;
2. Probable impacts of a “no action” alternative;
3. Impacts of staff-recommended and/or other alternatives, if any;
4. Possible mitigation measures;
5. Unavoidable impacts; and
6. Analysis of all review criteria as required in this chapter and Chapter 14.14, Chelan County Code.
H. The planning commission will begin review of the staff report and any supplemental information. The proposed amendments will be available for public review and will be forwarded to the appropriate state agencies for 60-day review as required under RCW 36.70A.106. The planning commission shall hold at least one public hearing on the amendments, and shall make a recommendation to be forwarded to the city council with appropriate findings of fact and conclusions based on the following criteria:
1. The amendment is necessary to resolve inconsistencies in the provisions of the comprehensive plan and/or development regulations or to address state or federal mandates;
2. The amendment is consistent with the requirements of the Growth Management Act and the county-wide planning policies;
3. The amendment is consistent with the overall intent of the existing comprehensive plan and the other documents incorporated therein;
4. The amendment is consistent with the assumptions and/or other factors such as population, employment, land use, housing, transportation, capital facilities, economic conditions, etc., contained in the comprehensive plan;
5. The amendment is consistent with and does not adversely affect the supply of land for various purposes which is available to accommodate projected growth over a 20-year period;
6. Where applicable, conditions have changed such that assumptions and/or other factors such as population, employment, land use, housing, transportation, capital facilities, economic conditions, etc., contained in the comprehensive plan have been revised and/or enhanced to reflect said conditions;
7. Amendments to the comprehensive plan land use designation map(s) are either consistent and/or compatible with, or do not adversely affect, adjacent land uses and surrounding environment;
8. The amendment is consistent with and does not negatively impact public facilities, utilities and infrastructure, including transportation systems, and any adopted levels of service;
9. The amendment does not adversely affect lands designated as resource lands of long-term commercial significance or critical areas.
I. Upon receipt of the planning commission’s recommendation for amendments, the city council will begin their review process, which may include informal public workshops, forums and meetings. Prior to the end of each year, the city council will hold a public hearing to consider an ordinance to adopt the proposed amendments, either as proposed by the planning commission or as subsequently amended based on public and agency comment and the council’s review, provided the criteria in subsection (H) of this section have been considered, and the criteria as outlined in the Chelan County Code, as applicable. In no instance shall the city council adopt proposed amendments prior to the conclusion of the required 60-day review process as required under RCW 36.70A.106. After adopting the amendments by ordinance, city staff will forward the amendments to the required state and local agencies. The city shall also forward all recommendations for proposed map amendments within the unincorporated portions of the urban growth area to Chelan County for review per the requirements contained in the Chelan County Code. [Ord. 1415 § 1 (Att. A), 2012; Ord. 1158 § 3, 2001.]
21.31.050 Emergency and other amendments.
Pursuant to Chapter 36.70A RCW and as defined in LMC 21.31.010(B) and (C), certain amendments to the comprehensive plan may occur outside of the time lines described in this chapter. These amendments will be initiated by the city council, evaluated and analyzed by city staff and will be reviewed by the planning commission at a public hearing, from which a recommendation on the proposed amendment(s) will be forwarded to the city council. The city council will evaluate these amendments based on the criteria found in LMC 21.31.040(H), as applicable, and take action on the proposed amendment(s) at a public hearing. [Ord. 1415 § 1 (Att. A), 2012; Ord. 1158 § 3, 2001.]
Prior ordinance history: Ord. 1097.