Chapter 21.08
ANNUAL COMPREHENSIVE PLAN AMENDMENT PROCEDURES
Sections:
21.08.010 Purpose.
21.08.020 Applicability.
21.08.030 Definitions.
21.08.040 Board determination on plan review.
21.08.050 Concurrent consideration of plan amendments.
21.08.060 Consistency requirements.
21.08.070 General procedures for proposed amendments.
21.08.080 Pre-application review and consultation meeting.
21.08.090 Final Comprehensive Plan amendment docket.
21.08.100 Application requirements for text and area-wide amendments.
21.08.110 Application requirements for site-specific amendments or rezone.
21.08.120 Application requirements for map corrections.
21.08.130 Environmental review.
21.08.140 Department’s report and recommendation.
21.08.150 Processing procedures.
21.08.155 Comprehensive Plan and development regulation amendment suggestion procedure.
21.08.160 Criteria for recommendation or decision – General.
21.08.170 Criteria for recommendation or decision – Text and area-wide amendments.
21.08.180 Criteria for recommendation or decision – Site specific amendments.
21.08.190 Criteria for recommendation or decision – Map correction.
21.08.210 Appeals.
21.08.220 Compliance.
21.08.010 Purpose.
The purpose of this chapter is to establish procedures for persons to propose amendments to the county’s Comprehensive Plan adopted pursuant to the Growth Management Act, Chapter 36.70A RCW, and to those development regulations proposed and docketed pursuant to Section 21.08.155 of this code. The procedures in this chapter are not a substitute for county land use permitting procedures.
(Ord. 326 (2004) § 9(2) [7/12/2004 Report], 2004: Ord. 254 (2001) § 1 (part), 2001)
21.08.020 Applicability.
This chapter governs all proposals to amend the Comprehensive Plan and those development regulations proposed and docketed pursuant to Section 21.08.155 of this code, except the following:
A. Adoption of an interim land use plan, or part thereof, not expressly designated as a part of the Comprehensive Plan;
B. Adoption of a moratorium or interim regulation pursuant to RCW 36.70A.390;
C. Adoption of an interim urban growth area;
D. Adoption of amendments to a comprehensive plan in the case of an emergency;
E. Adoption of an ordinance to resolve an appeal of a comprehensive plan filed with a growth management hearings board or with a court;
F. Initial adoption of a sub-area plan;
G. Adoption or amendment of a shoreline master program;
H. Adoption of an amendment to the capital facilities element of the Comprehensive Plan that occurs concurrently with the adoption or amendment of the county budget;
I. Adoption of a county-initiated development regulation or amendment thereto;
J. Adoption of an amendment to the Comprehensive Plan which is required by law to be completed outside the annual plan amendment process; and
K. Adoption of a map correction initiated by the county outside the annual comprehensive plan review process.
(Ord. 326 (2004) § 9(2) [7/12/2004 Report], 2004: Ord. 254 (2001) § 1 (part), 2001)
21.08.030 Definitions.
Unless stated otherwise, the following definitions apply throughout this chapter:
A. “Area-wide amendment” means a proposed change or revision to the generalized land use map, zoning map, goals, policies, objectives or assumptions affecting a general area which:
1. Is comprehensive in nature or may be geographically distinctive;
2. Has unified interest within the county;
3. Does not affect the location or designation of the urban growth area boundary; and
4. Usually includes several separate properties under various ownerships.
B. “Comprehensive plan” means the generalized coordinated land use policy statement, including the land use map, adopted by the county pursuant to the GMA.
C. “Department” means the department of community development.
D. “Development regulation” means a regulation which the county has adopted pursuant to the GMA to control development or land use activities including, but not limited to, the Zoning Ordinance, Title 17 of this code, the Critical Areas Ordinance, Title 19 of this code, and the Concurrency Ordinance, Title 20 of this code. A development regulation does not include a decision to approve a “project permit,” or a “project permit application” as those terms are defined in Chapter 21.04 of this code.
E. “GMA” means the Growth Management Act, largely codified at Chapter 36.70A RCW.
F. “Map correction” means a proposed change to the land use map or zoning map to reflect the actual direction or decision of the board of commissioners when the 1998 Comprehensive Plan was adopted.
G. “Person” means an individual, business, organization or Indian tribe, or the county planning commission.
H. “Site specific amendment” means an amendment to the Comprehensive Plan and/or zoning map that affects one or a small group of contiguous parcels. A site-specific amendment most frequently affects only the land use and/or zoning map, and not the text of the Comprehensive Plan or a development regulation.
I. “Text amendment” means a change or revision in the text of the goals, policies and objective principles or standards of the Comprehensive Plan.
(Ord. 369 (2006) §13, 2006: Ord. 254 (2001) § 1 (part), 2001)
21.08.040 Board determination on plan review.
Each year, the board of commissioners shall review the docket prepared pursuant to Section 21.08.155 and shall determine whether a review of the Comprehensive Plan and/or development regulations is necessary and if so, will establish by resolution a schedule for the review. Included in the resolution will be the county’s proposed comprehensive plan amendments in the form of an initial docket. Notice of the resolution shall be given by publication in the official county newspaper on the first available date following adoption. If the board determines not to conduct a review, it will state the reason for its decision.
(Ord. 326 (2004) § 9(2) [7/12/2004 Report], 2004: Ord. 254 (2001) § 1 (part), 2001)
21.08.050 Concurrent consideration of plan amendments.
All proposed amendments to the Comprehensive Plan shall be considered concurrently so that the cumulative effect of the amendments can be determined.
(Ord. 254 (2001) § 1 (part), 2001)
21.08.060 Consistency requirements.
All amendments to the Comprehensive Plan shall be consistent with the GMA, the Kitsap County-wide Planning Policy and the remaining provisions of the Comprehensive Plan. Any concurrent amendments to development regulations shall be consistent with the Comprehensive Plan.
(Ord. 254 (2001) § 1 (part), 2001)
21.08.070 General procedures for proposed amendments.
A. Eligibility. Any person may submit an application to amend the Comprehensive Plan in accordance with the schedule established by the board of commissioners for review and possible amendment of the plan.
B. Application Classifications. All applications to amend the Comprehensive Plan shall be classified as one of the following:
1. Text or area-wide amendment;
2. Site-specific amendment; or
3. Map correction.
C. Order of Application Review. The department will review and evaluate proposed amendments in the following order:
1. Amendment proposals from the planning commission and county;
2. Area-wide and text amendments from the public; and
3. Site specific amendments.
(Ord. 254 (2001) § 1 (part), 2001)
21.08.080 Pre-application review and consultation meeting.
A. For Site-Specific Amendments. Potential applicants for site-specific amendments shall submit a completed pre-application review request and meet with the department before submitting an application. Upon receipt of the review request, the department will schedule a meeting and conduct a preliminary environmental review of the applicant’s amendment proposal. This meeting enables the department to answer the applicant’s questions, explain the process and evaluation criteria and determine whether additional environmental documentation is required for a complete application.
B. For Text or Area-Wide Amendments, or Map Corrections. Upon submittal of an application for a text or area-wide amendment or a map correction, the applicant shall schedule a meeting with the department to enable the department to answer the applicant’s questions and explain the process and evaluation criteria. Following the meeting, the applicant may either submit the application fee or withdraw the application.
(Ord. 254 (2001) § 1 (part), 2001)
21.08.090 Final Comprehensive plan amendment docket.
All proposals for text or area-wide amendments, site-specific amendments or map corrections for which completed applications have been submitted in a timely manner will be considered in accordance with the schedule established by the board of commissioners. The complete listing of all such applications, together with plan amendments proposed by the county, constitutes the comprehensive plan amendment docket for the year, and shall be forwarded by the department to the planning commission and the board of commissioners.
(Ord. 326 (2004) § 9(2) [7/12/2004 Report], 2004: Ord. 254 (2001) § 1 (part), 2001)
21.08.100 Application requirements for text or area-wide amendments.
An application for a text or area-wide amendment to the Comprehensive Plan shall include the following:
A. An application form which includes the signatures, addresses, telephone numbers and agent information for the applicant and for all owners of record of the property included within the application;
B. A description of the proposed amendment, including text changes and a map, if applicable;
C. An explanation of the reasons the amendment is being proposed;
D. An explanation of the proposed amendment’s anticipated impacts;
E. An explanation of how the proposed amendment is consistent with the GMA, the Kitsap County-wide Planning Policy, and the remaining provisions of the Comprehensive Plan;
F. An explanation of how the proposed amendment affects development regulations and their consistency with the plan;
G. An explanation of why language should be added to the Comprehensive Plan or why existing language should be modified or deleted;
H. An environmental checklist, if required; and
I. The processing fee established by the board of commissioners.
(Ord. 254 (2001) § 1 (part), 2001)
21.08.110 Application requirements for site-specific amendments or rezone.
An application for a site-specific amendment of the Comprehensive Plan land use map or zoning map, shall include the following:
A. An application form which includes the signatures, addresses, telephone numbers and agent information for the applicant and the owner(s) of record;
B. A description of the proposed amendment including text changes and a map;
C. If the proposal is for a land use map or zoning map amendment, the location of the property covered by the proposed amendment as shown on an assessor’s map dated and signed by the applicant and the owner;
D. If the proposed amendment includes an amendment to both the land use map and the zoning map, a legal description of the property covered by the amendment, including the notarized signature of one or more owners;
E. An explanation of the reasons the amendment is being proposed;
F. An explanation of the proposed amendment’s anticipated impacts;
G. An explanation of how the proposed amendment is consistent with the GMA, the Kitsap County-wide Planning Policy, and the Comprehensive Plan;
H. An environmental checklist, if required;
I. The processing fee established by the board of county commissioners;
J. A calculation describing the number of residential units allowable under the existing zone density consistent with Section 17.200.010 and the number of units allowable under the proposed zone density as identified in Section 17.200.010; and
K. If the application results in a higher residential density or if the application proposes a change from a residential use to a commercial or industrial use, a transfer of development credit certificate shall be submitted with the application or during the application review process.
(Ord 369 (2006) § 14, 2006)
21.08.120 Application requirements for map corrections.
An application form for an amendment to correct the Comprehensive Plan land use map or zoning map shall include the following:
A. An application form which includes the signatures, addresses, telephone numbers and agent information for the applicant and the owner(s) of record;
B. A description of the proposed map correction;
C. The location of the property covered by the proposed amendment as shown on an assessor’s map dated and signed by the applicant and the owner;
D. An explanation of the reasons the amendment is being proposed;
E. Evidence which clearly demonstrates that the board of commissioners’ intent or direction at the time the 1998 Comprehensive Plan was adopted supports the proposed amendment.
(Ord. 254 (2001) § 1 (part), 2001)
21.08.130 Environmental review.
For all proposed amendments, the department shall conduct environmental review pursuant to the State Environmental Policy Act, Chapter 43.21C RCW.
(Ord. 254 (2001) § 1 (part), 2001)
21.08.140 Department’s report and recommendation.
The department shall prepare a report for the planning commission and the board of commissioners on all proposed amendments to the Comprehensive Plan. The report shall include an analysis of each application which addresses the criteria that the planning commission and the board of commissioners must consider in making a recommendation or decision on the application, as well as the department’s recommendation on each application. The report shall also include an analysis of the cumulative effect of the proposed amendments.
(Ord. 254 (2001) § 1 (part), 2001)
21.08.150 Processing procedures.
The Comprehensive Plan amendment docket shall be processed together using the procedures set forth in Chapter 21.04 of this code for legislative actions.
(Ord. 254 (2001) § 1 (part), 2001)
21.08.155 Comprehensive Plan and development regulation amendment suggestion procedure.
A. On a continuing basis, the department shall docket the following proposals concerning development regulations:
1. Any deficiencies in the Comprehensive Plan or development regulations that have been identified by the department during the project review stage; and
2. Plan or development regulation amendments suggested by any interested person, including but not limited to, applicants, citizens, hearing examiners, and staff of other agencies.
B. Annually, in accordance with Section 21.08.040 of this code, the board of commissioners shall review the docket prepared pursuant to this section and shall consider whether any changes to the Comprehensive Plan and/or development regulations are required.
C. For the purposes of this section, a deficiency in a comprehensive plan or development regulation refers to the absence of required or potentially desirable contents of a Comprehensive Plan or development regulation. It does not refer to whether a development regulation addresses a project’s probable specific adverse impacts that the permitting could mitigate in the normal project review process.
D. For purposes of this section, docketing refers to compiling and maintaining a list of suggested changes to the Comprehensive Plan or development regulations in a manner that will ensure such suggested changes will be considered by the board of commissioners and will be available by the public.
E. This section does not preclude the amendment of development regulations pursuant to Chapter 21.04 of this code.
(Ord. 326 (2004) § 9(2) [7/12/2004 Report], 2004)
21.08.160 Criteria for recommendation or decision – General.
For each proposed amendment to the Comprehensive Plan the planning commission in reaching its recommendation, and the board of commissioners in making its decision, shall develop findings and conclusions which consider:
A. Whether circumstances related to the proposed amendment and/or the area in which the property affected by the proposed amendment is located have substantially changed since the adoption of the Comprehensive Plan; and
B. Whether the assumptions upon which the Comprehensive Plan is based are no longer valid, or there is new information available which was not considered during the adoption of, or during the last annual amendment to, the Comprehensive Plan.
(Ord. 254 (2001) § 1 (part), 2001)
21.08.170 Criteria for recommendation or decision – Text and area-wide amendments.
For each proposed text and area-wide amendment to the Comprehensive Plan, the planning commission in reaching its recommendation, and the board of commissioners in making its decision, shall develop findings and conclusions, in addition to those required in Section 21.08.160, which consider:
A. Whether the proposed amendment is consistent with and supports other plan elements and/or development regulations and if not, what additional amendments to the plan and/or development regulations will be required to maintain consistency;
B. Whether the proposed amendment to the plan and/or regulation will more closely reflect the goals, objectives and policies of the Comprehensive Plan;
C. Whether the proposed amendment is consistent with the Kitsap County-wide Planning Policy; and
D. Whether the proposed amendment complies with the requirements of the GMA.
(Ord. 254 (2001) § 1 (part), 2001)
21.08.180 Criteria for recommendation or decision – Site specific amendments.
A proposed site-specific amendment to the comprehensive may be recommended for approval by the planning commission, and may be approved by the board of commissioners, if in addition to the findings and conclusions required in Section 21.08.160, they find that:
A. The proposed amendment meets concurrency requirements for transportation, sewer and water, and will not result in significant adverse impacts on adopted level of service standards for other public facilities and services, such as police, fire and emergency medical services, park services, and general government services;
B. The proposed amendment is consistent with the goals, policies and objectives of the Comprehensive Plan;
C. The subject parcel(s) is suitable for the requested land use designation based upon, but not limited to, access, provision of utilities, consistency with existing and planned uses, environmental constraints and compatibility with the neighborhood;
D. The proposed amendment will not create pressure to change the land use designation of other properties, unless the change of land use is in the long-term interests of the community in general;
E. The proposed amendment does not materially affect the land uses and growth projections which are the basis for the Comprehensive Plan;
F. The proposed amendment does not materially affect the adequacy or availability of urban facilities and services to the immediate area or the overall area of the Urban Growth Area; and
G. The proposed amendment is consistent with the GMA, Kitsap County-wide Planning Policy, state and local laws and other applicable inter-jurisdictional policies or agreements.
(Ord. 254 (2001) § 1 (part), 2001)
21.08.190 Criteria for recommendation or decision – Map corrections.
A proposed correction to the land use map or zoning map may be recommended for approval by the planning commission, and may be approved by the board of commissioners, if in addition to the findings and conclusions required in Section 21.08.160, they find that the proposed correction reflects the land use designation or zoning classification, as appropriate, which was directed by the board of commissioners at the time the 1998 Comprehensive Plan was adopted.
(Ord. 254 (2001) § 1 (part), 2001)
21.08.210 Appeals.
Decisions by the board of commissioners on applications to amend the Comprehensive Plan may be appealed by filing a petition for review with the Central Puget Sound Growth Management Hearings Board as provided in the GMA.
(Ord. 263 (2001) § 1, 2001: Ord. 254 (2001) § 1 (part), 2001)
21.08.220 Compliance.
Errors in exact compliance with the requirements of this chapter shall not constitute grounds for invalidation of any amendment to a GMA-based comprehensive plan, development regulation or other legislation.
(Ord. 254 (2001) § 1 (part), 2001)