Chapter 14.14 COMPREHENSIVE PLAN AMENDMENTS

The requirements of this chapter shall apply to all applications or proposals for changes to the comprehensive plan text and maps, including without limitation goals, policies, and land use designations, unless specifically exempted herein. The following types of plan amendments may be considered through the plan amendment process:

Site-specific land use designation map changes including land use and/or urban growth area boundaries;

Area-wide land use designation map changes;

Minor technical map corrections;

Changes to plan maps other than the land use designation maps;

Plan policy or other text changes;

Amendments to county-adopted city plans, as these plans relate to the unincorporated portions of the cities’ UGAs.

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:

The initial adoption of a subarea plan;

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

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;

Amendments necessary to address an emergency situation;

§ 14.14.030 Initiation of comprehensive plan amendments.

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

(Res. 2007-55 (part), 3/27/07; Res. 2012-78 (part), 8/14/12)

Comprehensive plan amendments may be initiated and docketed as follows:

Proposed amendments to county-adopted city plans docketed pursuant to Section 14.14.040 of this title; or

Application submitted for comprehensive plan text or map designation amendments submitted pursuant to Sections 14.14.045 and 14.14.050 of this title; or

By March 1st of each year the board of Chelan County commissioners, planning commission, and staff will identify and docket amendments which address inconsistencies and/or deficiencies in any portion of the county comprehensive plan; or county-adopted city plans, as these plans relate to the unincorporated portions of the cities’ UGAs. For the purposes of this chapter, inconsistencies and/or deficiencies refer to the absence of required or potentially desirable content of a comprehensive plan; or

The board of Chelan County commissioners shall hold a public meeting in April of each year in order to consider county sponsorship and docketing of:

Other comprehensive plan map designation amendments proposed by the board of Chelan County commissioners, planning commission, or staff to correct inconsistencies or deficiencies in the comprehensive plan;

§ 14.14.040 Proposed amendments to county-adopted city plans.

Other citizen requested text or map designation amendments.

(Res. 2000-126 (part), 10/17/00; Res. 2003-15 (part), 1/21/03; Res. 2004-85 (part), 7/27/04; Res. 2007-55 (part), 3/27/07; Res. 2012-78 (part), 8/14/12)

Process. The county has adopted the cities of Leav-enworth, Wenatchee, Entiat, Chelan and Cashmere comprehensive plans, as these plans relate to the unincorporated portions of each city’s urban growth area (UGA). All proposed amendments to these plans that affect the unincorporated portions of the cities’ urban growth areas shall be submitted to the county pursuant to the process outlined in this section. In recognition of the cities’ primary role in planning for growth and development within the UGAs, all proposed amendments to the cities’ comprehensive plans affecting the unincorporated portions of the UGAs shall be reviewed by the respective city’s legislative authority. The county shall attempt to reach agreement with each city on any changes to urban growth areas associated with the cities.

Application Deadlines for Proposed Amendments to County-Adopted City Plans. Deadlines to submit applications for proposed amendments are as follows:

Applications from the public for proposed text and/or land use map amendments affecting the unincorporated portions of the cities’ UGAs must be submitted to the county no later than the first business calendar day of March.

The proposed amendments will be forwarded to the appropriate city no later than March 15th, or first business calendar day thereafter, if the fifteenth day happens to fall on a weekend, for consideration by the city’s legislative authority. Amendment requests from the public submitted after the first business calendar day of March will be processed during the following year’s amendment process.

Draft staff reports with recommendations on all proposed amendments to the text and land use maps of a city’s comprehensive plan affecting the unincorporated portions of the urban growth area, including amendments that have been initiated by that city’s respective legislative authority, shall be forwarded to the county by September 30th for review at the Chelan County planning commission workshop, normally held on the fourth Monday of October.

After the respective city’s legislative authority has held a duly advertised public hearing on proposed amendments to the text and/or land use maps of a city’s comprehensive plan affecting the unincorporated portions of the urban growth area, including amendments that have been initiated by that city’s respective legislative authority, the amendment and recommendation shall be submitted to the county twenty-one calendar days prior to the scheduled planning commission hearing, normally held on the fourth Monday in November. The cities shall provide their recommendations in the form of a staff report which addresses the criteria under Sections 14.14.047 and/or 14.14.060, as applicable. The staff report shall also include an outline of the city’s amendment process and decision on each proposed amendment, supported by suggested findings of fact and conclusions of law.

The cities’ recommendations regarding proposed amendments to the text and/or land use maps of a city’s comprehensive plan affecting the unincorporated portions of the urban growth area shall be considered by the Chelan County planning commission at a duly advertised public hearing and a recommendation will be for-warded to the board of Chelan County commissioners.

§ 14.14.045 Applications for comprehensive plan text changes.

The board of Chelan County commissioners shall consider the planning commission’s recommendations regarding proposed amendments to the text and/or land use maps of a city’s comprehensive plan affecting the unincorporated portions of the urban growth area pursuant to the review process outlined in Sections 14.14.100 and 14.14.110.

(G)

The county’s final adoption of the proposed amendments to the text and/or land use maps of a city’s comprehensive plan affecting the unincorporated portions of the urban growth area can occur once per each calendar year cycle.

(Res. 2000-126 (part), 10/17/00; Res. 2003-15 (part), 1/21/03; Res. 2004-85 (part), 7/27/04; Res. 2007-55 (part), 3/27/07; Res. 2012-78 (part), 8/14/12; Res. 2014-100 (Atts. A, B) (part), 10/7/14)

Application Requirements for Comprehensive Plan Text Amendments. Applications for Chelan County comprehensive plan text amendments must be submitted in writing to the director of the community development department on the application form provided by the department. Applications must be in conformance with the requirements and process outlined in this title, and shall include the following:

Applicant information including:

The name, address and phone number of each person submitting the application; and

The name, address and phone number of any agent acting on the owner’s behalf, including a notarized agent authorization form.

Comprehensive plan text amendment information including:

A detailed statement of what is proposed to be changed; and

Explain why the change is needed. What public land use issue or problem is resolved by the proposed change; and

(iii)

Explain how the proposed amendment is consistent with the goals of the Washington State Growth Management Act (Chapter 36.70A RCW as amended) and any applicable county-wide planning policies; and

(iv)

A statement of how the text amendment complies with or supports the comprehensive plan’s goals and policies, or how amendment of the plan’s goals or policies is supported by changing conditions or state or federal mandates; and

(v)

Will the proposed text 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; and

(vi)

Explain how the proposed change would serve the interests of not only the applicant, but the public as a whole, including health, safety or welfare.

Application Fees. An application processing fee for comprehensive plan text amendments shall be collected as defined in the county’s fee schedule, as amended.

§ 14.14.047 Amendment review criteria for comprehensive plan text changes.

Application Deadlines for the Chelan County Comprehensive Plans. Deadlines to submit all applications for proposed comprehensive plan map text amendments must be submitted in writing to the director of the community development department no later than the first business calendar day of March. All proposed amendments submitted after the above-noted dates shall be processed during the next year’s amendment cycle.

(Res. 2004-85 (part), 7/27/04; Res. 2007-55 (part), 3/27/07; Res. 2012-78 (part), 8/14/12)

Proposed text amendments to the Chelan County comprehensive plan and county-adopted city plans must meet the following criteria:

The proposal is necessary to address a public land use issue or problem; and

The proposed amendment is consistent with the requirements of the Washington State Growth Management Act (Chapter 36.70A RCW as amended) and any applicable county-wide planning policies; and

The text amendment complies with or supports the comprehensive plan’s goals and policies, or how amendment of the plan’s goals or policies is supported by changing conditions or state or federal mandates; and

§ 14.14.050 Applications for comprehensive plan map or urban growth area amendments.

The amendment does not adversely affect lands designated as resource lands of long-term commercial significance or designated critical areas in ways that cannot be mitigated; and

(5)

The proposed amendment would serve the interests of not only the applicant, but the public as a whole, including health, safety or welfare.

(Res. 2004-85 (part), 7/27/04; Res. 2007-55 (part), 3/27/07; Res. 2012-78 (part), 8/14/12)

Application Requirements for Individual Requests for Comprehensive Plan Map or Urban Growth Area (UGA) Amendments. Applications for amendments to the Chelan County comprehensive plan maps, or county-adopted city comprehensive plan maps as these plans related to the unincorporated portions of each city’s urban growth area (UGA), must be submitted in writing to the director of the community development department on the application form provided by the department. Applications must be in conformance with the requirements and process outlined in this title. Separate applications must be submitted for properties under separate ownerships and must contain the following information:

Application information as outlined in the application including:

The name, address and phone number of each person submitting the application; and

The name, address and phone number of any agent acting on the owner’s behalf, including a notarized authorization form; and

(iii)

The name, address and phone number of all owners with an interest in the affected property;

Parcel/site information as outlined in the application;

Comprehensive plan amendment information as outlined in the application including:

A detailed statement of what is proposed to be changed and why. Identify the specific comprehensive plan land use designation map and zoning map that would be amended; and

Explain how the proposed amendment is consistent with the goals of the Washington State Growth Management Act (Chapter 36.70A RCW as amended) and any applicable county-wide planning policies; and

(iii)

A statement of how the amendment complies with or supports the comprehensive plan’s goals and policies; and

(iv)

A detailed statement on how the land use designation amendment complies with comprehensive plan land use designation/siting criteria; and

(v)

A statement of how the amendment is consistent with and supported by the capital facility element and the transportation element of the comprehensive plan, or if not, what changes to these elements would be required; and

(vi)

For land use designation amendments, identify the land uses surrounding the affected property and describe how the proposed change would affect the surrounding land uses. Describe why the proposed amendment is more appropriate than the existing land use designation; and

(vii)

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; and

(viii)

How would the proposed amendment affect the supply of land that is available for various purposes to accommodate projected growth over the twenty-year planning period covered by the comprehensive plan; and

(ix)

Explain how the proposed change would serve the interests of not only the applicant, but the public as a whole, including health, safety or welfare; and

(x)

For any proposed urban growth area boundary changes submitted pursuant to Section 14.14.040, a detailed statement describing:

(a)

That the designated area of expansion is contiguous to an existing UGA; and

(b)

How the area is characterized by urban growth; and

(c)

The availability of or plans of urban governmental services; and

(d)

The compatibility of the proposal with designated natural resource lands and the protection of designated critical areas; and

(e)

That there is insufficient land within the existing urban growth area to permit the urban growth that is forecast to occur in the twenty-year time frame covered by the comprehensive plan, or there can be shown an over-riding public interest which shall clearly demonstrate that the amendment of the urban growth area is necessary to protect the health, safety, and welfare;

A completed SEPA checklist;

The applicable processing fee for comprehensive plan amendments and SEPA review as determined by the county’s adopted fee schedule, as amended, except that amendment requests by the cities shall not require the collection of said fees; and

Additional information determined by the director of the community development department as being necessary for an initial evaluation of the proposal.

Application Fees. An application processing fee for comprehensive plan map or urban growth area amendments shall be collected, defined in the county’s fee schedule, as amended. Fees collected pertaining to an application for a comprehensive plan amendment within the unincorporated portion of a city urban growth area shall be equally shared with the relevant city.

Application Deadlines for the Chelan County Comprehensive Plan. Deadlines to submit all applications for proposed comprehensive plan map or urban growth area amendments must be submitted in writing to the director of the community development department no later than the first business calendar day of March. All proposed amendments submitted after the above-noted dates shall be processed during the next year’s amendment cycle.

§ 14.14.060 Amendment review criteria for comprehensive plan maps, urban growth area and county-adopted city plans.

Where an individual application for a site-specific amendment to the Chelan County comprehensive plan land use designations map or county-adopted city comprehensive plan land use designations map (as it relates to the unincorporated portions of each city’s UGA) is approved, a subsequent application for an amendment to the corresponding zoning map (site-specific rezone) is required to be submitted by the applicant to be reviewed and processed before the county hearing examiner according to the provisions of this title for quasi-judicial review of applications, Chapters 36.70 and 36.70B RCW, as applicable.

(Res. 2000-126 (part), 10/17/00; Res. 2004-85 (part), 7/27/04; Res. 2007-55 (part), 3/27/07; Res. 2008-103, 7/15/08; Res. 2012-78 (part), 8/14/12; Res. 2014-100 (Atts. A, B) (part), 10/7/14)

General Review Criteria. Proposed amendments to the Chelan County comprehensive plan maps and county-adopted city comprehensive plan maps as these plans relate to the unincorporated portions of each city’s urban growth area (UGA) must meet the following criteria:

The proposal is consistent with the goals of the Growth Management Act (Chapter 36.70A RCW), and any applicable county-wide planning policies; and

The amendment is consistent with or supports the Chelan County comprehensive plan goals and policies; and

The amendment complies with comprehensive plan land use designation/siting criteria; and

The amendment is supported by and consistent with the capital facility element and the transportation element. Amendments that would alter existing provisions of the capital facilities or transportation elements shall demonstrate why existing provisions should not continue to be in effect or why existing provisions should be amended; and

The amendment does not adversely affect the surrounding land uses; and

The amendment does not adversely affect lands designated as resource lands of long-term commercial significance or designated critical areas in ways that cannot be mitigated; and

(G)

The amendment does not adversely affect the supply of land for various purposes which is available to accommodate projected growth over the twenty-year planning period covered by the comprehensive plan; and

(H)

The proposed amendment serves the interests of both the applicant and the general public including public health, safety, and welfare.

Urban Growth Area Amendments. In addition to the criteria stated previously, proposed urban growth area boundary amendments must also meet all of the following criteria:

The area designated for the expansion of any urban growth area shall be contiguous to an existing urban growth boundary; and

Urban growth areas shall contain areas characterized by urban growth; and

Urban growth areas shall be served by or planned to be served by urban governmental services; and

Urban growth areas shall be designated so as to be compatible with natural resource lands and the protection of designated critical areas; and

Expansion or amendment of an urban growth area should also meet one of the following two criteria:

There is insufficient land within the existing urban growth area to permit and support the urban growth that is forecast to occur in the twenty-year time frame covered by the comprehensive plan, including population forecasts and allocated urban population projections; or

There can be shown an overriding public interest which shall clearly demonstrate: that the amendment of the urban growth area is necessary to protect the public health, safety and welfare; and that said amendment shall further the goals and policies of the comprehensive plan and the Growth Management Act.

(Res. 2000-126 (part), 10/17/00; Res. 2004-85 (part), 7/27/04; Res. 2007-55 (part), 3/27/07; Res. 2008-103, 7/15/08; Res. 2012-78 (part), 8/14/12)

§ 14.14.070 Environmental review.

All applications for amendments to the county plan and county-adopted city plans must submit a completed environmental checklist with the application materials. The county shall act as lead agency of proposed amendments to the county plan, consistent with the requirements of Chapter 43.21C RCW.

Environmental review by the county shall consolidate, as much as practical, site-specific SEPA review with review of the entire package of proposed comprehensive plan amendments to provide consideration of cumulative effects of proposed amendments. Costs of SEPA review related to applications for amendments will be charged to the individual applicant(s), per the county’s adopted fee schedule, as amended.

The cities shall act as the lead agency for SEPA review for proposed amendments affecting the unincorporated portions of the cities’ UGAs. Environmental review for proposals affecting the unincorporated portions of the cities’ UGAs shall be completed during the cities’ review process, pursuant to Section 14.14.040. Documentation of the environmental review process conducted by the cities shall be forwarded to the county along with the recommendation on proposals affecting the unincorporated portions of the cities’ UGAs. Fees collected pertaining to SEPA review for an application for a comprehensive plan amendment within the unincorporated portion of a city urban growth area shall be equally shared with the relevant city.

(Res. 2000-126 (part), 10/17/00; Res. 2007-55 (part), 3/27/07; Res. 2012-78 (part), 8/14/12)

§ 14.14.080 Sixty-day review.

Sixty-day review to the required state agencies, pursuant to RCW 36.70A.106, shall occur in July and August for the adoption or amendment of the county comprehensive plan. Amendments permitted by this chapter to occur outside of the yearly amendment cycle are also subject to the sixty-day review requirements of RCW 36.70A.106.

§ 14.14.100 Planning commission review.

For proposals affecting the unincorporated portions of the cities’ UGAs, the sixty-day review period shall occur as outlined in the particular city’s amendment process. The cities shall be responsible for initiating and conducting the required sixty-day review for their UGA. The review period will be jointly sponsored by Chelan County.

(Res. 2000-126 (part), 10/17/00; Res. 2007-55 (part), 3/27/07; Res. 2012-78 (part), 8/14/12)

§ 14.14.090 Staff reports.

Planning staff shall prepare staff report(s) to evaluate all proposed amendments, including environmental review, as required. The staff report(s) shall provide an integrated and cumulative analysis of proposed amendments and shall evaluate whether proposed amendments meet the criteria under Sections 14.14.047 and/or 14.14.060, as applicable. The staff report shall include suggested findings, conclusions and proposed recommendations for disposition of the proposed amendments. The staff report, together with proposed drafts of the plan or amendments, shall be available to the public a minimum of ten calendar days before a public hearing(s) on the amendment proposal(s).

(Res. 2000-126 (part), 10/17/00; Res. 2007-55 (part), 3/27/07; Res. 2012-78 (part), 8/14/12)

The planning commission will review the staff report(s), application materials, environmental documents, and consider public and agency comments in providing a recommendation to the board of county commissioners. The planning commission should hold a public hearing(s) between September and October for consideration of amendments to the county comprehensive plan, and the county-adopted city plans occurring during the yearly amendment process. The planning commission shall also hold a public hearing(s) for consideration of a recommendation on any amendment occurring outside of the yearly amendment cycle that is permitted to occur by the provisions of this chapter. In providing a recommendation to the board of county commissioners, amendment proposals must meet the criteria as required under Section 14.14.060.

(Res. 2000-126 (part), 10/17/00; Res. 2007-55 (part), 3/27/07; Res. 2012-78 (part), 8/14/12)

§ 14.14.110 Board of county commissioners’ review.

The board of county commissioners should hold public hearings in November and December to consider adoption of recommendations for amendments to the county comprehensive plan, and the county-adopted city plans, for those amendments processed during the yearly amendment process. Recommendations from the planning commission may be adopted as proposed or be amended, based upon review by the board of county commissioners, provided by the criteria in Section 14.14.060. In no instance shall the board of county commissioners adopt proposed amendments prior to the conclusion of the required sixty-day review process. Upon adoption of any amendments, staff shall forward the amendments to the required state and local agencies. The final adoption of the proposed amendments to the county comprehensive plan and the county-adopted cities’ plans should occur by the thirty-first day of December. Adopted changes to text or land use designation map amendments shall be completed without delay.

(Res. 2000-126 (part), 10/17/00; Res. 2003-16, 1/21/03; Res. 2007-55 (part), 3/27/07; Res. 2012-78 (part), 8/14/12)

§ 14.14.120 Public participation program.

The general public will be made aware, in December of each year, of the upcoming comprehensive plan amendment process through press releases to the local media. The minimum requirements for citizen participation in this section and the procedures and timelines set forth in this chapter establish the public participation program for comprehensive plan amendments.

§ 14.14.130 Emergency and other amendments.

Public participation in the comprehensive plan amendment process shall be encouraged. Methods which may be considered include but are not necessarily limited to direct mailings, newsletter and newspaper articles, legal advertisements, notices posted in public places, radio interviews, radio advertisements, citizen advisory committees, technical advisory committees, public work-shops, and public meetings. At a minimum, a public hearing shall be held by the planning commission in which the opportunity for written and oral testimony will be provided. The board of county commissioners may choose to adopt the recommendation of the planning commission in an open public meeting without the opportunity for further testimony. Should the board of county commissioners wish to amend the planning commission recommendation, the board of county commissioners shall provide notice of and hold a public hearing, at which the opportunity for oral and written testimony shall be provided. Public notice requirements for hearings before the planning commission and board of county commissioners shall be as set forth in this title.

(Res. 2000-126 (part), 10/17/00; Res. 2007-55 (part), 3/27/07; Res. 2012-78 (part), 8/14/12)

Pursuant to RCW 36.70A.130, certain amendments may occur outside of the timelines described in this chapter. These amendments are as outlined below:

A proposed amendment to the Chelan County shoreline master program shall not be subject to the once per year review requirements of this chapter. Program amendments shall instead follow the process required in Chapter 90.58 RCW.

The amendment of the capital facilities element of a comprehensive plan that occurs concurrently with the adoption or amendment of a county budget shall not be subject to the once per year review requirements of this chapter, but shall be subject to the review procedures and requirements contained in the balance of this chapter.

An emergency amendment may only be adopted if the board of county commissioners finds that the amendment is necessary to address an immediate situation of federal, state, subarea or county-wide concern regarding the public health, safety, and general welfare, as opposed to a private interest; to correct a misrepresentation, mistake, or error that has been made, and that can be substantiated and documented as an oversight or omission by the county; and the situation cannot adequately be addressed by waiting until the annual comprehensive plan amendment process. Emergency amendments shall be initiated by the board of county commissioners, evaluated and analyzed by 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 board of county commissioners. Recommendations by staff and the planning commission and action taken on emergency amendments by the board of county commissioners shall be based upon the emergency amendment meeting the criteria of Section 14.14.060.

§ 14.14.140 Urban growth area boundary amendments.

An amendment to resolve an appeal of an adopted comprehensive plan filed with the Growth Management Hearings Board or with the court.

(Res. 2000-126 (part), 10/17/00; Res. 2004-16 (part), 1/27/04; Res. 2007-55 (part), 3/27/07; Res. 2012-78 (part), 8/14/12)

Urban Growth Area Boundary Review. Urban growth area boundary amendments may be evaluated on a yearly basis pursuant to the timelines outlined under this title. Every five years, or as updated population projections become available from the Washington State Office of Financial Management, beginning in 2002, the county and cities shall meet to discuss updated population projections. Population growth allocations for urban growth areas shall be coordinated with the cities, with the final determination made by the county. If changes to the urban growth area boundary appear to be necessary due to significant increases or decreases in projected population that significantly differ from prior population projections, the cities and the county may choose to initiate a study of the urban growth boundaries. At least once every ten years, coinciding with the provision of new population projections by the Washington State Office of Financial Management, staff, in coordination with the cities, shall conduct a study of the urban growth areas. A report evaluating key indicators and trends shall be forwarded to the planning commission and board of county commissionersfor their review. Key indicators shall be evaluated for theBONDINGpreceding cycle to establish trends over time from the baseyear. Key indicators may include but not necessarily beSections:limited to population, land absorption conversion rate of14.16.010Purpose.vacant and underdeveloped land, residential densities, residential vacancy rates, infrastructure, geographic distribution of growth, and affordable housing.

Use of Studies. If key indicators show a substantial increase or decrease from the baseline data developed in the comprehensive plan, the data collected may signal that the supply of land is over or under allocated or that development is occurring in a manner that is inconsistent with the intent of the plan. However, it is not intended for the data collected to always trigger an adjustment to urban growth boundaries. The information collected shall be used to assist decision makers in evaluating trends and assessing the performance of the goals and policies contained within the plan.

(Res. 2000-126 (part), 10/17/00; Res. 2007-55 (part), 3/27/07; Res. 2012-78 (part), 8/14/12)

§ 14.14.150 Appeals.

Any action to review the final decision of the board of county commissioners on a comprehensive plan, or plan amendment that is subject to the jurisdiction of the Growth Management Hearings Boards shall be processed according to the law governing such challenges.