Chapter 22.10
LEGISLATIVE ACTION PROCEDURES
Sections:
22.10.010 Purpose and applicability.
22.10.030 Processing of docketed amendments.
22.10.040 Concurrent review of comprehensive plan amendments.
22.10.050 Notice of public hearing.
22.10.010 Purpose and applicability.
This chapter establishes the procedures for legislative actions amending the Whatcom County comprehensive plan and the development regulations that implement that plan. Amendments to the comprehensive plan include changes to the plan’s text and maps, and amendments to the development regulations include changes to the official zoning map and the text in WCC Titles 16, 20, 21, and 23. For purposes of this chapter, comprehensive plan amendments include amendments to subarea plans. (Ord. 2018-032 § 1 (Exh. A)).
22.10.020 The docket.
(1) The department of planning and development services (“department”) shall maintain a proposed docket of comprehensive plan and development regulation amendment applications and shall present it to the county council for review once a year on or about March 1st. The county council may, by resolution, approve a docket listing all applications that may be processed per the provisions of this chapter.
(2) The department, the executive, the planning commission, or the county council by majority vote, may place a proposed amendment on the docket at any time.
(3) A party other than the county council, executive, the planning commission or the department may suggest an amendment to the comprehensive plan or development regulations by making application on forms provided by the department and submitting any required docketing fee.
(a) Applications for suggested amendments must be submitted by December 31st in order to be included on the proposed docket presented to the county council at its next annual docket review. The department shall review the application for completeness and may request additional information to ensure the application is complete before scheduling it for the annual docket review.
(b) If the county council dockets a suggested amendment, all required amendment application fees are due within 30 calendar days after it is docketed. If all fees are not paid within 30 calendar days after being docketed, the department shall close the application and remove it from the docket. When docketing an application, the county council may waive the application fees if it finds the proposed amendment would clearly benefit the community as a whole.
(4) The county council, by majority vote, may remove a proposed amendment from the approved docket by motion, unless:
(a) The amendment was proposed by a party other than the county council or the department per subsection (3) of this section, and
(b) The applicant has provided all information required by the planning and development services department. The department shall notify the applicant not less than 30 calendar days prior to consideration of removal from the docket. If the county council has not acted upon a docketed proposed amendment during the year for which it has been docketed, the county council may place the amendment on the following year’s docket. (Ord. 2018-032 § 1 (Exh. A)).
22.10.030 Processing of docketed amendments.
(1) The department shall review docketed comprehensive plan and development regulation amendment applications as provided below:
(a) For suggested amendment applications filed per WCC 22.10.020(3), the department shall evaluate the applications for completeness and may request additional information of the applicant prior to requesting the appropriate hearing body to schedule a public hearing. Where a development regulation amendment requires a comprehensive plan amendment, the two amendments shall be processed at the same time.
(b) The department shall conduct environmental review under SEPA and prepare a staff report including recommendations and/or options for each docketed amendment. Both the report and the result of the environmental review shall be forwarded to the planning commission, and to the applicable city staff if the proposed amendment applies to land within a city’s urban growth area.
(c) The staff report shall evaluate the proposed amendment(s) in relationship to the approval criteria of WCC 22.10.060, and consider any environmental impacts or mitigation measures identified by the Whatcom County SEPA official. If the proposed amendment includes land within a city’s urban growth area, the staff report shall also address any comments from the city regarding consistency with the applicable city comprehensive plan and the ability of the city to provide needed utility services.
(2) Docketed comprehensive plan and development regulation amendment applications shall receive a public hearing by the planning commission subject to the notice requirements of WCC 22.10.050. Following the public hearing, the planning commission shall vote to adopt findings of fact and recommended actions, which the department shall transmit to the county council. In addition to the public hearing, the planning commission may hold public work sessions to discuss a proposed amendment.
(3) The county council may hold a public hearing on the docketed amendment in addition to the planning commission’s public hearing. If the county council decides the public interest is better served by considering a final action that differs from the planning commission recommendation, the county council shall hold a public hearing. The county council, by majority vote, may adopt the amendment by ordinance, reject the amendment, or remand the proposed amendment to the planning commission for further review.
(4) Actions that are quasi-judicial as defined in RCW 42.36.010 (including but not limited to a zoning map amendment for a single lot) are subject to the appearance of fairness doctrine, Chapter 42.36 RCW. For a proposed amendment that is a quasi-judicial action, the planning commission and county council shall process the application in accordance with Chapter 42.36 RCW in addition to the requirements of this section. (Ord. 2018-032 § 1 (Exh. A)).
22.10.040 Concurrent review of comprehensive plan amendments.
(1) While public hearings and other public discussion of proposed comprehensive plan amendments may take place at any time of the year, the county council’s final review and adoption of those amendments shall take place concurrently, no more frequently than once per calendar year, in accordance with RCW 36.70A.130(2)(a). Final adoption should occur on or about February 1st.
(2) The following comprehensive plan amendments are excluded from the requirement of annual concurrent review and may be adopted at any time:
(a) The initial adoption of a subarea plan;
(b) Adoption or amendment of the shoreline master program under procedures set forth in Chapter 90.58 RCW;
(c) The amendment of the capital facilities element concurrent with adoption or amendment of the county budget;
(d) Amendments needed to resolve an appeal of the comprehensive plan filed with the Growth Management Hearings Board or the court; or
(e) Amendments necessary in cases where the county council finds an emergency exists. (Ord. 2018-032 § 1 (Exh. A)).
22.10.050 Notice of public hearing.
(1) The county shall publish notice of the public hearing at least once in the official county newspaper and on the Whatcom County website no fewer than 10 calendar days prior to the hearing. The notice shall include the date, time, place, and subject of the hearing.
(2) For public hearings involving a quasi-judicial zoning map amendment application, per WCC 22.10.030(4), the county shall provide the following notice in addition to the requirements of subsection (1) of this section:
(a) The county shall mail notice to property owners as follows:
(i) For zoning map amendments within existing urban growth areas: At least 10 calendar days prior to the scheduled hearing date, hearing notice shall be mailed to all property owners within 300 feet of the external boundaries of the subject property as shown by the records of the county assessor. The applicant shall submit mailing labels with a typed address for each of the above-referenced property owners.
(ii) For zoning map amendments outside existing urban growth areas: At least 10 calendar days prior to the scheduled hearing date, hearing notice shall be mailed to all property owners within 1,000 feet of the external boundaries of the subject property as shown by the records of the county assessor. The applicant shall submit mailing labels with a typed address for each of the above-referenced property owners.
(iii) For zoning map amendments that involve rezoning property to an Airport Operations District: At least 10 calendar days prior to the scheduled hearing date, hearing notice shall be mailed to all property owners within 1,500 feet of the external boundaries of the subject property as shown by the records of the county assessor. The applicant shall submit mailing labels with a typed address for each of the above-referenced property owners.
(iv) For zoning map amendments that involve rezoning property to a mineral resource land designation: At least 10 calendar days prior to the scheduled hearing date, hearing notice shall be mailed to all property owners within 2,000 feet of the external boundaries of the subject property as shown by the records of the county assessor. The applicant shall submit mailing labels with a typed address for each of the above-referenced property owners.
(b) The county shall prepare and the applicant shall post signs giving notice of the hearing in conspicuous locations on the property at least 10 calendar days prior to the hearing.
(c) The county shall send notice to the appropriate city, when the proposed amendment is within or would expand the urban growth area, and to agencies, school districts, and tribes that will potentially be affected by the proposed amendment at least 10 calendar days prior to the hearing.
(d) For sites within 4,500 feet of the runway of Lynden Airport or Floathaven Sea Plane Base: At least 10 calendar days prior to the scheduled hearing date, application notice shall be sent to the city manager (if applicable), airport board or commission (if applicable), and an official representative of the airport.
(e) For sites within 10,000 feet of the runway of Bellingham International Airport: At least 10 calendar days prior to the scheduled hearing date, application notice shall be sent to the Port of Bellingham.
(f) All notices shall specify the date, time, location, and purpose of the hearing and provide a description and the location of the proposed rezone. The public shall be invited to submit written comments and attend the hearing to provide oral comments. (Ord. 2018-032 § 1 (Exh. A)).
22.10.060 Approval criteria.
(1) In order to approve a comprehensive plan amendment, the planning commission and the county council shall find all of the following:
(a) The amendment conforms to the requirements of the Growth Management Act, is internally consistent with the county-wide planning policies and is consistent with any interlocal planning agreements.
(b) Further studies made or accepted by the department of planning and development services indicate changed conditions that show need for the amendment.
(c) The public interest will be served by approving the amendment. In determining whether the public interest will be served, factors including but not limited to the following shall be considered:
(i) The anticipated effect upon the rate or distribution of population growth, employment growth, development, and conversion of land as envisioned in the comprehensive plan.
(ii) The anticipated effect on the ability of the county and/or other service providers, such as cities, schools, water and/or sewer purveyors, fire districts, and others as applicable, to provide adequate services and public facilities including transportation facilities.
(iii) Anticipated impact upon designated agricultural, forest and mineral resource lands.
(d) The amendment does not include or facilitate spot zoning.
(2) In order to approve an amendment to the development regulations, the planning commission and county council shall find that the amendment is consistent with the comprehensive plan. (Ord. 2018-032 § 1 (Exh. A)).