Chapter 21.08
LEGISLATIVE ACTION PROCEDURES
Sections:
21.08.010 Intent.
21.08.020 Docketing of suggested amendments.
21.08.030 Docket of amendments.
21.08.040 Annual consideration of amendments.
21.08.050 General procedures for proposed amendments.
21.08.060 Application requirements for amendments.
21.08.070 Criteria for recommendation or decision – General.
21.08.080 Appeals.
21.08.090 Compliance.
21.08.100 Review by planning commission.
21.08.110 Review and decisions by board.
21.08.010 Intent.
The intent of this chapter is to establish roles and responsibilities of the Kitsap County department of community development, the planning commission and the board of county commissioners (“board”) relating to adoption of the county’s Comprehensive Plan, sub-area plans, development regulations and amendments thereto. This chapter also provides the basic public participation program for updates, proposed amendments and/or revisions of Comprehensive Plans, sub-area plans, and development regulations. The department has the discretion to modify and expand on the public participation program where appropriate. This chapter shall not apply to review of project permits, or the amendment of county-wide planning policies. The responsibilities and procedures for review of project permits are governed by the provisions of Chapter 21.04.
(Ord. 490 (2012) § 3 (Att. 1), 2012)
21.08.020 Docketing of suggested amendments.
A. On a continuing basis, the department shall keep a docket of suggested amendments of the following:
1. Any deficiencies in the Comprehensive Plan or development regulations that have been identified by the department during the project review stage; and
2. Comprehensive 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, the department will present the docket to the board of commissioners, and make a recommendation regarding suggested amendments for potential initiation. 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. Each docket request/suggestion shall be made in writing to the department and shall include the following information:
1. Name and address of person or agency requesting the amendment;
2. Type of amendment being suggested and a description of amendment including current zone designation and proposed zone designation if applicable;
3. Date of request;
4. Street address or tax parcel ID number for affected parcel(s) and a map of affected area (if applicable); and
5. Reason such amendment is needed.
C. The docket shall be made available to the public for review upon request.
(Ord. 490 (2012) § 3 (Att. 1), 2012)
21.08.030 Docket of amendments.
A. Annual Review. At least once annually, the board of commissioners shall review the docket and shall determine whether a review of the Comprehensive Plan (and/or associated development regulations where applicable) is necessary. Unless otherwise directed by law or by judicial or Growth Management Hearings Board order, this determination is solely within the board’s discretion and the board is not required to consider changes.
1. If the board determines review is necessary, it will establish, by resolution, a schedule for the review and include the initial docket for consideration in the resolution. Notice of the resolution shall be given by publication in the official county newspaper promptly following adoption and the department shall proceed with review of the proposed amendments in accordance with the balance of this chapter.
2. If the board determines not to conduct a review, it will state the reason for its decision, which shall be recorded in the official minutes.
B. This section applies only to annual Comprehensive Plan amendments and does not preclude consideration of other types of amendments and/or legislative actions, as set forth in Section 21.08.040(B), outside of the annual docketing process.
(Ord. 490 (2012) § 3 (Att. 1), 2012)
21.08.040 Annual consideration of amendments.
A. Annual Consideration. Unless listed as an exception under subsection (B) of this section, all proposed Comprehensive Plan amendments shall be considered concurrently on an annual basis (no more frequently than once per year), according to the schedule adopted by the board by resolution, so that the cumulative effect of all proposed amendments can be determined.
B. Exceptions to Annual Batching Requirement. The county may adopt the following amendments more frequently than once per year:
1. Initial adoption of sub-area plan;
2. Amendments to the county’s shoreline master program (shoreline program amendments shall be processed under the procedures set forth in Chapter 90.58 RCW);
3. Amendments to the capital facilities element that occur concurrently with the adoption or amendment of the county budget;
4. Amendments when the board finds that an emergency exists. A personal emergency on the part of a landowner or applicant shall not be considered an emergency of the county, and a landowner or applicant must utilize the annual docketing process;
5. Amendments to resolve an appeal filed with a growth management hearings board or with a court;
6. Adoption of an interim land use plan, or part thereof, not expressly designated as a part of the Comprehensive Plan;
7. Adoption of a moratorium or interim plan or regulation pursuant to RCW 36.70A.390;
8. Adoption of an amendment which is required by law to be completed outside the annual plan amendment process;
9. Development regulation text amendments that are consistent with the Comprehensive Plan;
10. Zoning map amendments that are consistent with the Comprehensive Plan and do not require a Comprehensive Plan land use map change; or
11. Typographical or clerical errors made during Comprehensive Plan amendments approved by the board, where such explicit action was deliberated and inadvertently left out of the final printed version of the plan, maps, or codes.
(Ord. 490 (2012) § 3 (Att. 1), 2012)
21.08.050 General procedures for proposed amendments.
A. Application Classifications. All applications for Comprehensive Plan amendments shall be classified as one of the following:
1. Text amendment;
2. Area-wide amendment;
3. Site-specific amendment; or
4. Map correction.
This section does not apply to amendments proposed by the county itself.
B. Submittal Deadlines. Unless otherwise provided for in this chapter, applications for amendments to the Comprehensive Plan shall be submitted annually by a deadline established by the board in its docketing resolution. Applications exempt from the annual docket process may be submitted at any time; provided, however, the director has the sole discretion to determine whether such an application shall be held for consideration as part of the annual amendment process rather than processed individually.
C. Pre-Application Meeting. Applicants for site-specific amendments shall submit a completed pre-application review request and meet with the department prior to submitting an application.
1. Upon receipt of the review request, the department will schedule a meeting and conduct a preliminary review of the amendment proposal.
2. The intent of this meeting is to allow the department to ask and answer questions, help review initial feasibility of county consideration, explain the process and evaluation criteria and determine whether additional environmental documentation is required for a complete application.
D. Initiation of Review.
1. Docketed Amendments. Following the submittal deadline for amendment to be considered as part of the annual docket review, the department shall review all of the proposed amendments and shall forward a recommendation to the board as to which of the submitted amendments the department recommends for further consideration by the county.
2. For Amendments outside the Docket Process.
a. Development Regulation Amendments. Amendments to the development regulations that are consistent with the Comprehensive Plan are not subject to annual batching requirements and may be initiated at any time by a recommendation from the county. Following the board’s receipt of the department’s recommendation on one or more proposed amendments, the board shall, in a public meeting, consider the department recommendation on the proposed amendment(s) and decide whether to initiate review of the amendment(s). If the board decides to initiate review of the proposed amendment(s), it shall refer the same to the planning commission for review, consistent with the provisions of this chapter. A decision by the board to initiate the review process for a proposed amendment is procedural only and does not constitute a decision by the board as to whether the amendment will ultimately be approved.
b. For any other Comprehensive Plan amendment that is not required to be considered through the annual docketing process, including but not limited to emergency amendments or amendments to resolve appeals, the county shall consider the public process for that amendment on a case-by-case basis as appropriate given the circumstances of the case.
E. Notice to Cities. For any amendment which may alter an urban growth area adjacent to a city, notice to the appropriate city shall be given.
F. Environmental Review. Following initiation of the amendment review process, the department shall conduct environmental review on proposed amendments pursuant to the State Environmental Policy Act, Chapter 43.21C RCW and Chapter 18.04, SEPA.
1. Any required environmental review shall consolidate site-specific and area-wide amendments, to the extent practical, to ensure adequate consideration of cumulative effects of the proposed amendments.
2. Costs for SEPA review related to amendments may be charged to the applicant.
G. Department’s Report and Recommendation. The department shall prepare a report for the planning commission and/or the board of commissioners on all proposed amendments. The report shall include, at a minimum:
1. A summary of the proposed amendment(s).
2. An analysis of each amendment and how it complies with the criteria that must be considered in making a recommendation or decision on the application, pursuant to Section 21.08.060.
3. The department’s recommendation on each application.
4. For amendments processed together as part of the annual docket, the report shall also include an analysis of the cumulative effect of the proposed amendments.
H. Review by Planning Commission. In general, all amendments shall be reviewed by the planning commission in accordance with Section 21.08.070.
I. Review by Board. Amendments shall be reviewed by the board in accordance with Section 21.08.070, after review and recommendation by the planning commission. The board has the ultimately authority to adopt, reject or modify proposed amendments.
J. Any Comprehensive Plan amendment that requires a transfer of development right credit may be approved if all other review criteria are met, but shall not take effect until transfer of development right credit(s) is purchased and certified, by the review authority.
(Ord. 490 (2012) § 3 (Att. 1), 2012)
21.08.060 Application requirements for amendments.
A. Text Amendments. An application for a text amendment shall include, at a minimum, the following:
1. 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;
2. A description of the proposed amendment, including text changes and a map of the area(s) impacted, if applicable;
3. An explanation of the reasons the amendment is being proposed;
4. A description of the proposed amendment’s anticipated impacts;
5. An environmental checklist, if required;
6. A summary of any prior public review of the recommended change;
7. The processing fee established by the board of commissioners; and
8. Written narrative answering/explaining all review criteria pertaining to text amendments in Section 21.08.070.
This section does not apply to amendments proposed by the county itself.
B. Area-Wide Amendments. An area-wide application for an amendment of the Comprehensive Plan land use map or zoning map shall include, at a minimum, the following:
1. An application form which includes the signatures, addresses, telephone numbers and agent information for the applicant(s) and owner(s) of record, and a legal description of the property covered by the amendment;
2. A written narrative including:
a. A description of the proposed amendment;
b. An explanation of the reasons the amendment is being proposed;
c. An explanation of the proposed amendment’s anticipated impacts;
d. An explanation of how the proposed amendment is consistent with the GMA and the Kitsap County-wide Planning Policy;
e. A discussion of whether the area-wide amendment is associated with a pending or existing sub-area plan;
3. An environmental checklist, if required;
4. The processing fee established by the board;
5. A calculation describing the number of residential units allowable under the existing density and the number of units allowable under the proposed density, if applicable;
6. Written narrative answering/explaining all review criteria pertaining to area-wide amendments in Section 21.08.070.
This section does not apply to amendments proposed by the county itself.
C. Site-Specific Amendments. An application for a site-specific amendment of the Comprehensive Plan land use map or zoning map shall include, at a minimum, the following:
1. An application form which includes the signatures, addresses, telephone numbers and agent information for the applicant;
2. A written narrative including:
a. A description of the proposed amendment;
b. An explanation of the reasons the amendment is being proposed;
c. An explanation of the proposed amendment’s anticipated impacts;
d. An explanation of how 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;
3. An assessor’s map showing the location of the property covered by the proposed amendment;
4. An application form with the signatures, addresses, and telephone numbers for the owner(s) of record; and a legal description of the property covered by the amendment, including the notarized signature of one or more owners;
5. An environmental checklist, if required;
6. The processing fee established by the board;
7. A calculation describing the number of residential units allowable under the existing density and the number of units allowable under the proposed density, if applicable;
8. Written narrative answering/explaining all review criteria pertaining to site-specific amendments in Section 21.08.070.
This section does not apply to amendments proposed by the county itself.
(Ord. 490 (2012) § 3 (Att. 1), 2012)
21.08.070 Criteria for recommendation or decision – General.
A. General. For each proposed amendment to the Comprehensive Plan the review authority, the planning commission in reaching its recommendation, and the board of commissioners in making its decision, shall develop findings and conclusions, which demonstrate:
1. How 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 or applicable development regulations;
2. How 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 or development regulations; and
3. How the requested redesignation is in the public interest and the proposal is consistent with the Kitsap County Comprehensive Plan.
B. Text Amendments. In addition to the findings and conclusions in subsection (A) of this section, for each proposed text amendment, the planning commission in reaching its recommendation, and the board of commissioners in making its decision, shall develop findings and conclusions which consider:
1. 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;
2. Whether the proposed amendment to the plan and/or regulation(s) will more closely reflect the goals, objectives and policies of the Comprehensive Plan and reflect the local circumstances of the county;
3. Whether the proposed amendment is consistent with the Kitsap County-wide Planning Policy;
4. Whether the proposed amendment complies with the requirements of GMA, state and local laws and other applicable inter-jurisdictional policies or agreements; and
5. An explanation of why language should be added to the Comprehensive Plan or why existing language should be modified or deleted.
C. Area-Wide Amendments. In addition to the findings and conclusions in subsection (A) of this section, a proposed area-wide amendment may be recommended for approval by the planning commission, and may be approved by the board of commissioners if the following findings are made:
1. 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;
2. The proposed amendment is consistent with the goals, policies and objectives of development regulations, sub-area plan and the Comprehensive Plan and reflects the local circumstances of the county;
3. 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;
4. The proposed amendment does not materially affect the land uses and growth projections which are the basis for the Comprehensive Plan;
5. 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;
6. 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;
7. 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;
8. Any proposed amendments to rural areas and natural resource lands shall be supported by and dependent on population forecasts and the balance of nonurban population distributions, existing rural area and natural resource land densities and infill opportunities; and
9. Any proposed changes to lands designated as natural resource lands shall recognize that natural resource designations are intended to be long-term designations and shall further be dependent on one or more of the following:
a. A substantial change in circumstances pertaining to the Comprehensive Plan or public policy;
b. A substantial change in circumstances beyond the control of the landowner pertaining to the subject property;
c. An error in initial designation; and/or
d. New information on natural resource land or critical area status.
D. Site-Specific Amendments. In addition to the findings and conclusions in subsection (A) of this section, a proposed site-specific map amendment may be recommended for approval by the planning commission and may be approved by the board of commissioners if the following findings are made:
1. All Site-Specific Amendment Requests. Each of the following requirements must be satisfied for a recommendation for approval.
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 balance of the goals, policies and objectives of the Kitsap County Comprehensive Plan and reflects the local circumstances of the county;
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 does not materially affect the land uses and growth projections which are the basis for the Comprehensive Plan, and reflects local circumstances in the county;
e. 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
f. 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.
2. All Site-Specific Amendment Requests Regarding Parcels Located Within an Associated Urban Growth Area (Including UGA Expansions of Associated Urban Growth Areas). Each of the following requirements must be satisfied for a recommendation for approval:
a. Demonstration from the jurisdiction affiliated with the UGA that the proposal has the capability and capacity to provide urban level services to the area.
b. Demonstration that the proposal is consistent with the associated urban growth area jurisdiction’s comprehensive plan.
c. Demonstration that the proposal meets the affiliated jurisdiction’s transportation standards.
3. Rural Commercial/Industrial and Type III LAMIRD Site-Specific Amendment Requests. Each of the following requirements must be satisfied for a recommendation for approval.
a. Demonstration of an unmet need for the proposed land use designation in the rural area.
b. Demonstration that Kitsap County’s rural character will be preserved or unaffected by the change of designation.
c. Demonstration that the proposed designation will principally serve the rural area.
d. Demonstration that appropriate rural services are available (i.e., water, sewerage, etc.) and that urban services will not be required for the proposed designation.
e. Demonstration that the proposal is contiguous to existing industrial or commercial zoning. (Exceptions to this policy must demonstrate a unique or exceptional need for the proposed land use designation.)
f. Demonstration that the property is sized appropriately for the proposed land use designation.
g. Demonstration that there is a lack of appropriately designated and available sites within the vicinity.
4. Requests Within the Rural Area Not Pertaining to Commercial or Industrial Requests. If applicable, each of the following requirements must be satisfied for a recommendation of approval:
a. Any proposed amendments to rural and natural resource areas shall not substantially affect the rural/urban population balance;
b. Any proposed change to land designated as natural resource land shall recognize that natural resource designations are intended to be long-term designations and shall further be dependent on one or more of the following:
i. A substantial change in circumstances pertaining to the Comprehensive Plan or public policy;
ii. A substantial change in circumstances beyond the control of the landowner pertaining to the subject property;
iii. An error in initial designation; and/or
iv. New information on natural resource land or critical area status.
(Ord. 490 (2012) § 3 (Att. 1), 2012)
21.08.080 Appeals.
Decisions by the board of commissioners on applications subject to this chapter may be appealed by filing a petition for review with the Growth Management Hearings Board as provided in the GMA, the SMA or as otherwise required by law.
(Ord. 490 (2012) § 3 (Att. 1), 2012)
21.08.090 Compliance.
Errors in exact compliance with the requirements of this chapter shall not constitute grounds for invalidation of any amendment to a Comprehensive Plan, development regulation or other legislation.
(Ord. 490 (2012) § 3 (Att. 1), 2012)
21.08.100 Review by planning commission.
A. Where applicable, after completion of any review by a citizen’s advisory committee, or technical advisory committee, the department shall prepare a staff report on proposed plans, amendments or development regulations. The staff report shall summarize the comments and recommendations of the advisory committees, county departments, affected agencies and special districts, and evaluate the proposal’s consistency with adopted county plans and regulations. The staff report shall include findings, conclusions and proposed recommendations for disposition of the proposed plan, amendments or development regulations. The staff report, together with proposed drafts of the plan, amendment or development regulation, shall be available to the public a minimum of ten calendar days before the first public hearing on the proposed plan, amendment, or development regulation.
B. For those matters that the planning commission reviews under this chapter, the commission shall hold at least one public hearing on a proposed plan, amendment or development regulation prior to making a recommendation to the department. Where appropriate, the planning commission may hold joint public hearings with the board.
C. Notice of the public hearing shall, at a minimum, indicate the time, place and purpose of the public hearing, and shall be published in the official newspaper of the county at least fifteen days prior to the hearing.
D. If, after the planning commission’s consideration of the public comments and deliberation on the proposed plan, amendment or development regulation, the commission is considering a change to the proposal that is substantially different from that for which public comment was received, the commission may provide an opportunity for additional public comment (orally, or in writing, or both), and shall consider such comment before making its recommendation to the department; provided, however, if deadlines imposed by orders of the Growth Management Hearings Board or by the board regarding the proposed plan, amendment or development regulation to the commission for review prevent such additional comment period, the public comment period will be revised appropriately. In that case, the commission may forward its recommendation to the department without additional public comment, provided the findings of the commission clearly state that the proposal has changed from that for which public comment was taken and the recommendation includes a suggestion that the board take additional public comment before making its decision. For purposes of this section, an additional opportunity for public comment is not required if:
1. An environmental impact statement (EIS) has been prepared under Chapter 43.21C RCW for the pending resolution or ordinance and the proposed change is within the range of alternatives considered in the environmental impact statement;
2. The proposed change is within the scope of the alternatives available for public comment;
3. The proposed change corrects typographical errors, corrects cross-references, makes address or name changes, or clarifies language of a proposed ordinance or resolution without changing its effect;
4. The proposed change is to a resolution or ordinance making a capital budget decision as provided in RCW 36.70A.120; or
5. The proposed change is to a resolution or ordinance enacting a moratorium or interim control adopted under RCW 36.70A.390.
E. An amendment to all or any part of a plan, development regulation or amendment thereto shall be allowed only if it is consistent with the community vision statements, goals, objectives, and the policy directives of the Comprehensive Plan and the proposal preserves the integrity of the Comprehensive Plan and assures its systematic execution.
F. Any planning commission recommendation on a proposed plan, regulation or amendment thereto shall include a finding regarding whether the proposal is supported by capital facility plan; whether the proposal is consistent with the requirements of the Growth Management Act, the County-wide Planning Policies and other applicable provisions of the Comprehensive Plan; whether the proposal reflects current local circumstances; and whether the proposal bears a substantial relationship to the public general health, safety, morals or welfare. For proposed Comprehensive Plan map changes, the commission recommendation shall also include findings of fact and conclusions on whether the proposal is justified by changed or changing conditions; whether the proposal would create an isolated land use designation (spot zone) unrelated to adjacent designations; and whether the proposal will be compatible with neighboring properties and not adversely affect the value of those properties.
G. A copy of any plan, amendment or development regulation recommendation, together with the recorded motion, shall be transmitted to the department, which shall transmit the same to the board not later than fourteen days following the date the findings and conclusions are signed by the chairperson of the commission, together with the statement of findings and conclusions.
H. Any report or recommendation from the planning commission, whether on a proposal initiated by it, whether on a matter referred back to it by the board for further report, or whether on a matter initiated by the board, shall be advisory to the department only and the final determination shall rest with the board.
(Ord. 490 (2012) § 3 (Att. 1), 2012)
21.08.110 Review and decisions by board.
A. Upon receipt of a recommendation on all or any part of a plan, amendment or development regulation from the commission or hearing examiner, the board shall set the date for a public meeting where it will consider and take action on the recommendation.
B. If the board agrees with the recommendation of the commission or hearing examiner, it shall approve the plan, amendment or development regulation by ordinance.
C. If the board considers a change in the recommendation of the commission or hearing examiner on a proposed plan, amendment or development regulation to be necessary, the board shall proceed as follows:
1. Changes to Plans or Amendments. The board may approve a proposed plan, amendment or development regulation with changes if the changes are within the scope of alternatives considered by the planning commission; are in response to public testimony; or are consistent with the department’s recommendation. The board has discretion to refer the proposed change back to the commission for a report and recommendation before acting on a proposed change to a plan or amendment. If a matter is referred back to the commission, the board may set a deadline for receipt of the commission recommendation. After receipt of the report and recommendation of the commission, or after lapse of the time frame specified by the board, the board may approve the plan, without further reference to the commission, provided:
a. That the plan or amendment conforms either to the proposal as initiated by the board or the recommendation by the commission; and/or
b. If the commission has failed to report within a ninety-day period, the board shall hold at least one public hearing on the proposed plan or amendment.
2. Changes to Development Regulations. Before acting on a proposed change to a development regulation recommended by the commission, the board shall either refer the proposed change back to the commission for further public comment and consideration consistent with the procedures for changes to plans or amendments described in subsection (C)(1) of this section, or the board shall conduct its own public hearing, and adopt its own findings of fact and a statement setting forth the factors considered at the hearing and its own analysis of findings considered by it to be controlling.
D. The board shall have the authority to apply a sunset provision on site-specific amendment approvals on a case-by-case basis.
(Ord. 490 (2012) § 3 (Att. 1), 2012)