40.560.010 Plan Amendment Procedures
A. Purpose.
1. The purpose of this section is to set forth procedures for adoption or amendment of the comprehensive plan and development regulations pursuant to applicable provisions of the Growth Management Act, Chapter 36.70A RCW (GMA), the Shoreline Master Program (SMP) pursuant to the Shoreline Management Act, Chapter 90.58 RCW (SMA), the State Environmental Policy Act, Chapter 43.21C RCW (SEPA), and the Washington Administrative Code (WAC).
2. Plan amendments will be reviewed in accordance with applicable provisions of the GMA, SEPA, the WAC, the countywide planning policies, the community framework plan, the goals and policies of the comprehensive plan, Clark County Code, the capital facilities plan, and official population growth forecasts.
3. The SMP will be reviewed in accordance with the goals, policies and regulations of the SMP, consistent with the SMA and the state shoreline guidelines in Chapter 173-26 WAC, and with SEPA.
(Amended: Ord. 2007-09-13; Ord. 2017-07-04; Ord. 2018-01-01; Ord. 2019-05-07)
B. Applicability.
All amendments to the comprehensive plan are legislative actions subject to a Type IV process (Section 40.510.040). The criteria and requirements of this section apply to all applications or proposals for changes to the comprehensive plan including:
1. Countywide comprehensive plan map changes involving urban growth area (UGA) boundary changes and rural map changes;
2. Comprehensive plan map changes not involving a change to UGA boundaries;
3. Comprehensive plan policy or text changes;
4. Arterial atlas amendments;
5. Changes to other plan documents (such as capital facilities and the shoreline master program); and
6. Amendments that may be reviewed and acted upon outside the annual amendment cycle are subject to the review criteria established in this chapter, and are limited to the following:
a. Resolution of an emergency condition or situation that involves public health, safety or welfare, when adherence to the amendment process set forth in this section would be detrimental to the public health, safety or welfare;
b. The initial adoption of a subarea plan that does not modify the comprehensive plan policies and designations applicable to the subarea, if the cumulative impacts of the proposed plan are addressed by appropriate environmental review under SEPA;
c. The adoption or amendment of a shoreline master program pursuant to Chapter 90.58 RCW;
d. To resolve an appeal of a comprehensive plan adoption or amendment filed with the Growth Management Hearings Board or a court of competent jurisdiction pursuant to RCW 36.70A.300;
e. Siting of major industrial developments and/or master planned locations outside UGA boundaries consistent with the requirements of state statute RCW 36.70A.365;
f. The amendment of the capital facilities element of the comprehensive plan that occurs concurrently with the adoption of the county budget pursuant to RCW 36.70A.130(2)(a)(iv); or
g. Technical, nonsubstantive corrections to obvious land use mapping errors which do not involve interpretation or application of the criteria for the various land use designations contained in the comprehensive plan.
Subsection (B)(1) of this section may only occur consistent with RCW 36.70A.130. Subsection (2) of this section may be initiated by either the county or a property owner. Subsections (3) to (6) of this section may only be initiated by the county.
(Amended: Ord. 2004-09-02; Ord. 2007-09-13; Ord. 2016-09-04; Ord. 2017-07-04; Ord. 2018-01-01; Ord. 2019-05-07)
C. Annual Review Cycle.
1. Proposed annual site-specific comprehensive plan amendments pursuant to RCW 36.70A.130(2) that are submitted for review are subject to a Type IV process pursuant to Section 40.510.040.
2. Applications for plan map amendments are generally processed in conjunction with concurrent rezone requests. Rezone applications considered with a plan map amendment request are reviewed consistent with the plan designation to zone consistency tables in Chapter 1, Land Use, of the comprehensive plan, and according to the procedures and timing specifications for plan map amendment specified in this section. Rezone applications considered with a plan map amendment request must comply with Sections 40.510.040 and 40.560.020.
(Amended: Ord. 2007-09-13; Ord. 2017-07-04; Ord. 2018-01-01; Ord. 2019-05-07)
D. Governmental Coordination.
1. The county shall coordinate the annual review process with each city and town.
(Amended: Ord. 2007-09-13; Ord. 2017-07-04; Ord. 2018-01-01; Ord. 2019-05-07)
E. Comprehensive Plan Map Changes – General.
All plan map changes must be accomplished through the following:
1. Changes approved by the county as a result of a comprehensive periodic review of the plan to be initiated by Clark County pursuant to RCW 36.70A.130(5)(b);
2. Changes approved by the county in response to county-initiated amendments or property owner site-specific requests, not more than once per year pursuant to RCW 36.70A.130(2)(a);
3. Out-of-cycle amendments, as authorized by RCW 36.70A.130(2), initiated and approved by the county at any time;
4. Applications for map changes and urban growth area boundary amendments must be consistent with the plan designation to zone consistency tables in Chapter 1, Land Use, of the comprehensive plan and accompanied by concurrent rezone applications;
5. A county-initiated proposal for siting major industrial facilities consistent with RCW 36.70A.365, and processed if accompanied by a current property owner-submitted rezone application;
6. The county shall assess the cumulative impacts of all proposed plan map changes prior to Council taking action. Monitoring benchmarks may be used to assess impacts.
(Amended: Ord. 2004-09-02; Ord. 2007-09-13; Ord. 2017-07-04; Ord. 2018-01-01; Ord. 2019-05-07)
F. Criteria for All Map Changes.
Map changes may only be approved if all of the following are met:
1. The proponent shall demonstrate that the proposed amendment is consistent with the applicable requirements of the GMA and the WAC, the county comprehensive plan, the county code, and official population growth forecasts; and
2. The proponent shall demonstrate that the designation is in conformance with the appropriate locational criteria identified in the plan; and
3. The map amendment or site is suitable for the proposed designation, and there is a lack of appropriately designated alternative sites within the vicinity; and
4. The plan map amendment either: (a) responds to a substantial change in conditions applicable to the area within which the subject property lies; (b) better implements applicable comprehensive plan policies than the current map designation; or (c) corrects an obvious mapping error; and
5. Where applicable, the proponent shall demonstrate that the full range of urban public facilities and services can be adequately provided in an efficient and timely manner to serve the proposed designation. Such services may include water, sewage, storm drainage, transportation, fire protection, and schools. Adequacy of services applies only to the specific change site.
(Amended: Ord. 2007-09-13; Ord. 2017-07-04; Ord. 2018-01-01; Ord. 2019-05-07)
G. Additional Criteria for Rural Map Changes.
1. Natural Resource Land Designation.
The proponent of an amendment to the plan map for changing a natural resource land designation to a smaller lot size natural resource land designation shall demonstrate that all of the following criteria have been met:
a. The amendment complies with applicable provisions of GMA and the WAC;
b. The requested change does not impact the character of the area to the extent that further plan map amendments will be warranted in future annual reviews; and
c. The amendment meets the locational criteria for the requested designation.
2. Rural Centers.
a. The county shall consider and evaluate the expansion of, or change of land use within, a rural center through the annual review process under this chapter.
b. The county shall consider and evaluate the creation of a rural center through the docket process under this chapter.
c. Before the county considers establishing a new rural center, the proponent(s) shall submit to the county a petition signed by at least sixty percent (60%) of the property owners of the land within the boundaries of the proposed new rural center.
d. The proponent of an amendment to create or expand a rural center shall demonstrate that all of the following criteria have been met:
(1) The proposed rural center complies with the provisions of RCW 36.70A.070(5)(d); and
(2) The requested change does not impact the character of the area to the extent that further plan map amendments will be warranted in future annual reviews; and
(3) The site does not meet the criteria for the existing resource plan designation; and
(4) The amendment meets the locational criteria for the requested designation.
3. The county may consider changes to the urban reserve overlay only during a comprehensive plan periodic review and not on an annual basis.
(Amended: Ord. 2007-09-13; Ord. 2008-12-15; Ord. 2017-07-04; Ord. 2018-01-01; Ord. 2019-05-07)
H. Additional Criteria for Rural Major Industrial Map Changes.
This section governs designations outside of UGAs for major industrial developments under RCW 36.70A.365.
1. Application. The county shall process an application for a rural industrial development designation pursuant to RCW 36.70A.365 as a Type IV legislative action pursuant to Section 40.510.040 and this chapter.
2. Rural industrial designations require a minimum of one hundred (100) acres, and are designated as follows:
a. Comprehensive Plan.
(1) Major industrial developments (light industrial).
b. Zoning.
(1) Major industrial developments (IL).
3. Process. Prior to formally proposing a designation under this section, the county shall:
a. Undertake an inventory of available urban industrial land;
b. Consult with affected city(ies) regarding a proposed designation;
c. Make a preliminary assessment that the applicable statutory criteria are met and that the proposed location is superior to other potential rural sites;
d. Negotiate an appropriate or statutorily required interlocal agreement with affected city(ies); and
e. Complete a master plan for the development site as required pursuant to Section 40.520.075.
4. Approval Criteria.
a. In addition to the other applicable designation criteria under this chapter, major industrial developments may only be approved upon a finding that the requirement and criteria of RCW 36.70A.365, respectively, are met.
b. Development Agreement. No designation under this section may be approved unless accompanied by a development agreement pursuant to RCW 36.70B.170 and Section 40.350.020 which at a minimum assures compliance with statutory requirements and criteria.
5. Adjacent Nonurban Areas. A designation under this section does not permit urban growth in adjacent nonurban areas.
(Amended: Ord. 2004-09-02; Ord. 2007-09-13; Ord. 2008-12-15; Ord. 2012-12-14; Ord. 2014-12-16; Ord. 2017-07-04; Ord. 2018-01-01; Ord. 2019-05-07; Ord. 2019-11-16)
I. Additional Required Criteria Specific to Urban Holding Map Changes.
1. Plan map and rezone amendments proposing to remove the urban holding designation must be processed through a Type IV process initiated by the county and be consistent with the procedures and criteria identified in Chapter 14 of the comprehensive plan, Procedural Guidelines.
2. All development agreements are subject to Chapter 40.350.
(Amended: Ord. 2019-05-07)
J. Additional Required Criteria Specific to Urban Growth Area (UGA) Boundary Map Changes.
1. The county shall adopt countywide growth targets, and regional suballocations, and shall map corresponding UGA boundaries and designations as follows:
a. Adopt countywide twenty (20) year target population and employment levels consistent with official State of Washington Office of Financial Management (OFM) population growth forecasts ranges; and
b. Officially suballocate the adopted countywide population and employment targets to urban growth areas associated with each incorporated municipality in the county, and to the remaining rural area; and
c. Adopt urban growth area boundaries and comprehensive plan land use designations, which are consistent in their sizes and designations, with the official suballocation for each UGA and the rural area.
2. To allow for a comprehensive review and assessment of cumulative impacts, the county shall initiate all UGA boundary review proposals as part of periodic review and update of the plan.
3. To expand the UGA, the county shall demonstrate that necessary urban services can and will be provided within ten (10) years’ time. This demonstration must include a need analysis estimating what urban services will be required, both in the expansion area and elsewhere in the county, and estimates as to when such services will be needed. Service providers shall submit written documentation indicating when, how, at what cost, and from which funding sources service will be provided.
4. A UGA boundary expansion must provide a twenty (20) year supply of vacant and buildable lands within the UGA. The calculation of supply must be based on population growth projections within the UGA, where such projections are consistent with adopted countywide growth targets and regional suballocations. If necessary, the county may adjust countywide growth targets and regional suballocations; provided, that they are consistent with official OFM forecasts.
5. In evaluating potential changes to a particular UGA boundary, the county shall consider countywide implications for other UGAs and their suballocations.
6. The amendment does not include lands that are designated as natural resource (agricultural, forest, mineral resource) unless such lands are de-designated pursuant to Chapter 36.70A RCW and Chapter 365-190 WAC.
7. The county shall exercise its best efforts to coordinate UGA boundary change proposals with the affected city(ies), including the preparation of joint staff recommendations, where possible. Unless waived by the affected city(ies), the county shall give those city(ies) at least sixty (60) days’ notice of the proposal prior to a county hearing thereon.
8. Except as provided for in RCW 36.70A.110(8), the county may not expand a UGA into the one hundred (100) year floodplain of a river segment when the river has a mean annual flow of one thousand (1,000) or more cubic feet per second.
9. Sections 40.560.010 (J)(1) through (J)(8) do not apply to:
a. Correction of obvious mapping errors involving a small area or few properties;
b. An order from a court of competent jurisdiction or as a result of a Growth Management Hearings Board remand.
(Amended: Ord. 2006-09-13; Ord. 2007-09-13; Ord. 2008-12-15; Ord. 2016-06-12; Ord. 2018-01-01; Ord. 2019-05-07)
K. Comprehensive Plan Policy or Text Changes.
1. Action and Required Timing. Plan policy or text changes must be accomplished as actions initiated and approved by the county. These changes may occur as part of the periodic review update to occur consistent with RCW 36.70A.130, or as part of annual changes to the plan once per calendar year, or, subject to applicable provisions of this chapter, as part of interim or emergency amendments, which may be brought forward at any time.
2. Required Criteria. The county may approve a plan text or policy change only when the amendment complies and is consistent with all the applicable requirements of the GMA and WAC, and the comprehensive plan, including without limitation countywide planning policies, the community framework plan, and the capital facilities plan.
(Amended: Ord. 2007-09-13; Ord. 2008-12-15; Ord. 2018-01-01; Ord. 2019-05-07)
L. Arterial Atlas Amendments.
1. Action Required. The county shall initiate and may approve all arterial atlas amendments. These changes may occur as part of the periodic review update to occur consistent with RCW 36.70A.130, or as part of annual changes to the plan once per calendar year, or as part of emergency amendments which may be brought forward at any time, subject to applicable provisions of this chapter.
2. Required Criteria. Arterial atlas amendments may be approved only when all of the following are met:
a. There is a need for the proposed change;
b. The proposed change complies with the GMA;
c. The proposed change is consistent with the adopted comprehensive plan, including the land use plan and the rest of the arterial atlas;
d. The proposed change is consistent with applicable interlocal agreements; and
e. The proposed change does not conflict with the adopted Metropolitan Transportation Plan.
(Amended: Ord. 2007-09-13; Ord. 2008-12-15; Ord. 2018-01-01; Ord. 2019-05-07)
M. Other Plan Amendment Categories.
The county shall review:
1. Capital facilities plan and updates at a minimum every four (4) years in Type IV public hearings for those facilities subject to county jurisdiction. In updating capital facilities plans, policies, and procedures, the county must determine that these updates are consistent with applicable provisions of the GMA and WAC, and policies and implementation measures of the comprehensive plan, and in conformance with the purposes and intent of the applicable interjurisdictional agreements.
2. School capital facility plans and updates at least every four (4) years in Type IV public hearings for those facilities subject to county jurisdiction.
3. The Clark County Parks, Recreation, and Open Space Plan at least every four (4) years.
4. Changes to the SMP may occur only once a year, following the plan map procedures schedule in Section 40.560.040. Any amendments thereto are limited amendments consistent with WAC 173-26-201(1)(c), and must be processed as Type IV applications pursuant to Section 40.510.040.
5. The six (6) year Transportation Improvement Plan annually per RCW 36.81.121 and WAC 136-15-050.
(Amended: Ord. 2007-09-13; Ord. 2008-12-15; Ord. 2010-12-12; Ord. 2016-06-12; Ord. 2016-09-04; Ord. 2018-01-01; Ord. 2019-05-07)
N. Siting of State and Regional Public Facilities of a Countywide or Statewide Nature.
The county shall consider plan amendments to implement the policies of the comprehensive plan regarding proposals for siting essential public facilities such as airports, state educational facilities, and other institutions necessary to support community development, as follows:
1. Government facilities may be established as provided in other land use districts through the procedures specified in the applicable district without plan amendment.
2. Application for siting of public facilities may be approved if criteria, as noted herein, are met. In cooperation with other jurisdictions, the county shall ensure the following:
a. Siting of regional facilities is consistent with all elements of the adopted county comprehensive plan, local city plan and other supporting documents;
b. The proposed project complies with all applicable provisions of the comprehensive plan, including countywide planning policies;
c. The proposal for siting of a public facility contains interjurisdictional analysis and financial analysis to determine financial impact, and applicable intergovernmental agreement;
d. Needed infrastructure is provided;
e. Provision is made to mitigate adverse impacts on adjacent land uses;
f. The plan for the public facilities development is consistent with the county’s development regulations established for protection of critical areas; and
g. Development agreements or regulations are established to ensure that urban growth will not occur if located adjacent to nonurban areas.
(Amended: Ord. 2007-09-13; Ord. 2008-12-15; Ord. 2018-01-01; Ord. 2019-05-07)
O. Additional Criteria for Surface Mining Overlay Changes.
1. The county may designate additional areas with the surface mining overlay only if:
a. The designation criteria in the comprehensive plan have been met;
b. The quantity and characteristics of the resource, including the size of the deposit, the depth of overburden, the distance to market, the cost of transport, and resource availability in the region, suggest that mining is economically viable; and
c. At least sixty percent (60%) of the area within one thousand (1,000) feet of the proposed mineral resource land is characterized by parcels of five (5) acres or larger.
2. The county may remove the surface mining overlay only if at least one (1) of the following conditions is met:
a. The mineral resources have been depleted;
b. There is evidence that the mining of the mineral resource is not economically feasible based on the factors listed in Section 40.560.010(O)(1)(b);
c. Environmental or access constraints make it impractical to mine the resource; or
d. The area has been brought into an urban growth boundary or adjacent land uses or developments are incompatible with mineral extraction.
(Added: Ord. 2014-12-06; Ord. 2018-01-01; Ord. 2019-05-07)
P. Cumulative Impact.
In reviewing all prospective comprehensive plan changes, the county shall analyze and assess the following to the extent possible:
1. The cumulative impacts of all plan map changes on the overall adopted plan, plan map, and relevant implementing measures, and adopted environmental policies;
2. The cumulative land use environmental impacts of all applications on the applicable local geographic area and adopted capital facilities plans; and
3. Where adverse impacts are identified, the county may require mitigation. Conditions which assure that identified impacts are adequately mitigated may be proposed and, if determined to be adequate, imposed by the county as a part of the approval action.
(Amended: Ord. 2007-09-13; Ord. 2008-12-15; Ord. 2014-12-06; Ord. 2018-01-01; Ord. 2019-05-07)
Q. Fees.
Filing fees for all plan amendments and zone changes are subject to the provisions of Sections 6.110A.010 and 6.110A.015.
(Amended: Ord. 2004-09-02; Ord. 2007-09-13; Ord. 2008-12-15; Ord. 2014-12-06; Ord. 2018-01-01; Ord. 2019-05-07)