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HomeMy WebLinkAboutord2014-006 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2013-306 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: September 10,2013 Introduction Erin Osborn ?(I 1( 3 )Division Head: f lr„ v September 24,2013 P&D Conentinee/Council Mark Personius L 2) Dept.Head: Sam Ryan 1, )) ii l I -I✓ SEP o 3 2013 1/28/2014 Council Prosecutor: Royce Buckingham . WHATCOM C OUNT Y Purchasing/Budget: COUNCIL Executive: Jack Louws ® TITLE OF DO . An ordinance adopting amendments to the Point Roberts Character Plan ATTACHMENTS: 1. Cover Memo 2. Proposed Ordinance and Exhibit"A"(Exhibit"A" is shown in strike-through/underline version&also the clean version) 3. Planning Commission Findings of Fact and Reasons for Action 4. Excerpts from the July 25,2013 Planning Commission Meeting Draft Minutes 5. Staff Report 6. Whatcom County Code, Chapter 2.98—Point Roberts Community Advisory Committee SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( ) Yes ( X) NO SEPA review completed? ( ) Yes ( NA ) NO Requested Date SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public hearing,you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate. Be clear in explaining the intent of the action.) This ordinance amends Section 9-001 -Advisory Committee, Point Roberts Character Plan as adopted in Section 8.1.1 of the 2001 Point Roberts Subarea Plan, adopted by reference in Whatcom County Comprehensive Plan, as shown in"Exhibit A". Proposed changes to the Point Roberts Character Plan identified in"Exhibit A"modify language that specifies how the Point Roberts Character Plan Advisory Committee is established. Proposed changes would allow the existing Point Roberts Community Advisory Committee that is established pursuant to WCC 2.98 to serve as the new Character Plan Advisory Committee. COMMITTEE ACTION: COUNCIL ACTION: 9/24/2013: Approved for forwarding for 9/10/2013: Introduced concurrent review 9/24/2013: Council forwarded for concurrent review 7-0 1/28/2014: Council Adopted 5-0-2, Buchanan & Browne abstained Ord. 2014-006 Related County Contract#: Related File Numbers: Ordinance or Resolution Number: PLN2013-00013 Ord. 2014-006 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us/council. SPONSORED BY: County Executive PROPOSED BY: County Executive INTRODUCTION DATE: September 10, 2013 ORDINANCE NO. 2014-006 ADOPTING AMENDMENTS TO THE POINT ROBERTS CHARACTER PLAN WHEREAS,the Whatcom County Council adopted Ordinance No. 94-024 on April 26, 1994 wherein the Point Roberts Subarea Comprehensive Plan was amended to include the Point Roberts Character Plan; and WHEREAS,the Whatcom County Council adopted Ordinance No. 99-073 on November 23, 1999 which adopted amendments to the Point Roberts Character Plan text and Title 20 Zoning text relating to Point Roberts; and WHEREAS,the Character Plan, Section 9-001 provided for an Advisory Committee called the Point Roberts Character Plan Advisory Committee(PRCPAC), which was an advisory body formed solely for the purpose of building permit application review, and this Advisory Committee has been inactive for many years; and WHEREAS,the Point Roberts Community Advisory Committee, which was established by Whatcom County Council in 2010 through Ordinance No. 2010-008, has the capacity to fill the role that the PRCPAC previously fulfilled; WHEREAS,The Whatcom County Council initiated the subject amendments for review in 2013; and WHEREAS,On July 25, 2013, the Whatcom County Planning Commission held a public hearing on the proposal and during a work session recommended approval of proposed amendments as shown on Exhibit A; and WHEREAS,The County Council hereby adopts the following findings of fact: FINDINGS OF FACT 1. The proposal is to amend the Whatcom County Comprehensive Plan as follows: a. Amend Section 9-001 —Advisory Committee, Point Roberts Character Plan as adopted in Section 8.1.1 of the 2001 Point Roberts Subarea Plan, as adopted by reference as part of the Whatcom County Comprehensive Plan, as shown in"Exhibit A". b. Proposed changes to the Point Roberts Character Plan identified in"Exhibit A"modify language that specifies how a Character Plan Advisory Committee is established. Proposed changes would allow the existing Point Roberts Community Advisory Committee established pursuant to WCC 2.98 to serve as the new Character Plan Advisory Committee. 2. Section 9-001. of the Point Roberts Character Plan establishes authority for the creation of an Advisory Committee whose sole purpose is to review commercial and institutional development proposals for conformance with elements of the Character Plan, and to make recommendations to the County administrative authority(County Executive, and/or Planning& 1 Development Services Department)on whether or not such proposals conform to the elements of the Character Plan. 3. In 2010, Whatcom County adopted an ordinance to authorize establishment of a Point Roberts Community Advisory Committee (WC Ord. 2010-008), codified as Whatcom County Code, Chapter 2.98. This committee was designed to provide advice and recommendations to the Executive and County Council on needs and issues that are specific to the Point Roberts Community. This committee is active and meets regularly in Point Roberts. The committee is distinct from the Point Roberts Character Plan Advisory Committee. It has different authority for its establishment, similar but different membership composition, and based on review of this matter by County legal staff, cannot serve as the Point Roberts Character Plan Advisory Committee,unless the Point Roberts Character Plan is amended. 4. Notice of the subject amendment was submitted to the Washington State Department of Commerce on June 19, 2013. 5. On June 20, 2013, Whatcom County Planning&Development Services Department received confirmation from the Washington State Department of Commerce indicating that Commerce had received the County's"60 Day Notice of Intent to Adopt Amendment", and that Material ID# 19258 had been assigned to the materials received. 6. The State Environmental Policy Act(SEPA)requires that project and non-project actions be reviewed for the potential of probable significant adverse impacts to the environment, unless categorically exempt from review under SEPA. The Whatcom County Designated SEPA Official(lead agency)reviewed the proposed amendments to the Point Roberts Character Plan, and on June 25, 2013 made a determination that pursuant to WAC 197-11-800(19)the proposal is exempt from environmental review under SEPA: "Procedural actions. The proposal or adoption of legislation rules, regulations, resolutions or ordinances, or of any plan or program relating solely to governmental procedures, and containing no substantive standards respecting use of modification of the environment shall be exempt." 7. On July 9, 2013,the Whatcom County Council unanimously voted to approve a resolution (Res. 2013-023)to initiate the subject amendment to the list of existing"docket"of comprehensive plan and zoning amendments previously initiated under Res. 2013-007 for consideration in 2013. 8. Notice of the proposed amendments was sent to the Lummi Indian Business Council, Historic Preservation Office on July 10, 2013. 9. Notice of the Planning Commission hearing was posted on the County website on July 11, 2013. 10. Notice of the Planning Commission hearing and that the proposal had been posted on the County website was sent to the City of Blaine and citizen, media and other groups on the County's e-mail list on July 12, 2013. 11. Notice of the Planning Commission hearing for the subject amendments was published in the Bellingham Herald on July 12, 2013. 12. The Planning Commission held a public hearing on the subject amendments on July 25, 2013. 2 13. On July 25, 2013, the Planning Commission held a work session on the subject amendments. Commissioner Honcoop moved to recommend approval of Exhibit A which contains proposed draft text in strike through underline formats, intended to amend Section 9-001 of the Point Roberts Character Plan, establishing new provisions that pertain to the creation of a Character Plan Advisory Committee. Commissioner Teigrob seconded the motion. Commissioner Vekved move to amend the motion with the following: First and second sentences of Paragraph 1 to read: The Point Roberts Community Advisory Committee,Aan existing locally-based resident's' advisory committee shall be utilized to work with Whatcom County on the Administration of the Character Plan. It is called the Point Roberts Community Advisory Commissioner Onkels seconded. The motion carried. 14. Pursuant to WCC 2.160.080, in order to approve the proposed comprehensive plan amendment, the County must 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. e. Amendments that propose the expansion of an urban growth area boundary are required to acquire development rights from a designated TDR sending area, with certain exceptions. Growth Management Act 15. The Growth Management Act(GMA)provides that counties may adopt subarea plans under RCW 36.70A.080 ("Comprehensive plans—Optional elements"). 16. In 1979, prior to GMA, , Whatcom County adopted a subarea plan for Point Roberts, entitled "Plan for Point Roberts, a Supplement to the Whatcom County Comprehensive Plan". This Plan was updated and amended in 1990, and updated and amended again in 2001. 17. Another local plan was created in 1994 to help implement the Point Roberts Subarea Plan. This plan established preferred architectural design elements that would be applicable to all 3 future commercial and institutional development within Point Roberts. The Plan, entitled the "Point Roberts Character Plan(Character Plan)was adopted as part of the 1990 Point Roberts Subarea Plan,under Ord. 94-024. 18. The Character Plan was then revised in 1999 under Ord. 99-073, and in 2001 was incorporated into Chapter 8 of the most recent version of the Point Roberts Subarea Plan, adopted in the Whatcom County Comprehensive Plan under Ord. 2001-073. County-Wide Planning Policies 19. County-Wide Planning Policy A-2 states: The [c]ounty and the cities shall provide opportunities for citizens to become involved in the growth management planning process through various mechanisms, such as surveys,public workshops,meetings,hearings, and advisory committees. The method of citizen involvement may vary based on the needs and constituents in various communities and shall include representation of both rural and urban interests on those issues that affect both urban and rural areas. 20. County-Wide Planning Policy A-3 states: Citizens shall be notified in a timely manner of opportunities to have input and key decision points in the planning process.This should include actions such as use of telephone hotlines, notification to interest groups,pre- development meetings, early incorporation of public comments and broader notification of property owners and residents during a planning process as well as working more extensively with community and neighborhood groups. The cities shall also develop a public participation process to solicit and incorporate comments from residents outside city limits but within proposed Urban Growth Areas. 21. County-Wide Planning Policy A-4 states: Citizen Comments and viewpoints shall be incorporated into the decision making process in development of draft plans and regulations. Consideration of citizen comments shall be evident in the decision-making process. 22. Planning and Development Services Department(PDS)has taken steps to ensure that the County's Public Participation Plan (2012) is followed with respect to providing information to the public, and other interested parties about the details and scope of the proposed amendments under consideration. In addition, PDS has maintained a complete file on the amendments being considered, which includes background research,preliminary analysis,proposed draft text, and various agency correspondence. 23. Public notice has been published in the Bellingham Herald to inform the public of the scheduled upcoming public hearing to be held by the Planning Commission; and information about the upcoming hearing and a report containing staff analysis and recommendations has been posted to the County website, and notice of the proposed amendments was sent to the Lummi Indian Business Council,Historic Preservation Office. 24. On July 12, 2013, an email describing the proposed amendment was sent to 200 interested citizens who had previously requested to be kept up to date on proposed amendments and other County projects. Staff continues to be available to respond to inquiries from interested parties about the proposal. Any input received from interested parties will be considered and may form the basis of recommendations made to County decision-makers. 25. On July 15, 2013 written correspondence was received from community member, John Lesow that offered comments to support retention of Title 20, Chapter 20.72 -Point Roberts Special 4 District as regulations that implement the Character Plan. 26. On July 15, 2013, anecdotal comments were received from community member, and local business owner, Pam Sheppard, in support the proposed amendment. Opinion expressed was that the proposed amendment, if approved, would provide for greater accessibility to the Character Plan Advisory Committee and increase implementation of the Character Plan in Point Roberts. 27. County-Wide Planning Policy A-5 states: The county and the cities shall establish a system for subarea, community and neighborhood liaison to foster communication between the respective government and its neighborhoods. This system would also provide a point of contact for issues that may affect subareas,the community, or neighborhoods. 28. The Point Roberts Character Plan was born out of a local grassroots effort to preserve the rich heritage of Point Roberts Community which is based on rural farming, fishing, and related industries. It has since been adopted as part of the County's subarea plan for Point Roberts, and is adopted by reference as part of the County's comprehensive plan. 29. The Character Plan makes provisions for the establishment of a Character Plan Advisory Committee whose membership is drawn from a representative sample of Point Roberts community members. Key to effective implementation of the Character Plan is the role which this advisory committee plays in reviewing commercial and institutional development proposals for conformance with elements of the Plan in advance of any formal permit application. 30. Character Plan provisions require prior review of development proposals 21 days in advance of formal application for development permits (i.e. commercial building permit applications). Given that commercial development in Point Roberts may be at times infrequent; it follows that the demand for a Character Plan Advisory Committee would be intermittent, and to utilize an existing local community citizen advisory committee might be more efficient. Whatcom County Comprehensive Plan 31. The GMA requires that the comprehensive plan must be an internally consistent document (RCW 36.70A.070). 32. Whatcom County's Comprehensive Plan, Chapter 2 identifies goals and policies that both recognize and support the diversity of its citizens as they form various regions of the county. These particular goals and policies emphasize the importance of utilizing the subarea planning process to identify and support these community distinctions. 33. Whatcom County Comprehensive Plan Policy 2L-2 is to: Retain and periodically update the adopted Subarea Plans(Lummi Island, Cherry Point-Ferndale, Lake Whatcom,Urban Fringe, Lynden-Nooksack Valley, Chuckanut-Lake Samish,Birch Bay-Blaine, Foothills, Point Roberts, South Fork Valley, and Eliza Island). . . 34. The above policy supports periodic updates to all of Whatcom County's subarea planning documents, and would also support an amendment to provisions that specify how the Point Roberts Character Plan—Character Plan Advisory Committee is established. 35. The proposed amendments are further supported by Whatcom County Comprehensive Policy 2L-2(1)(d) which states that unless in conflict with the County's Comprehensive Plan, amendments to subarea plans are not required, although local issues of concern or changed 5 conditions may be addressed when necessary. 36. In part,the Character Plan is implemented pursuant to Whatcom County zoning regulations, Title 20, Chapter 20.72—Point Roberts Special District, Subsection 20.72.651 —Facility Design. Interlocal Agreements 37. Staff has researched the matter and did not find any Interlocal agreement to which the Point Roberts community is party that would have a bearing on the relative merit of the subject amendments, or subsequent adoption. Further Studies/Changed Conditions Further studies made or accepted by the department of planning and development services indicate changed conditions that show need for the comprehensive plan amendment. 38. In 1994,the Point Roberts Character Plan (Character Plan)was adopted as part of the 1990 Point Roberts Subarea Plan,under Ord. 94-024.The Character Plan was revised in 1999 under Ord. 99-073, and in 2001 was incorporated into Chapter 8 of the most recent version of the Point Roberts Subarea Plan as adopted in the Whatcom County Comprehensive Plan under Ord. 2001-073. 39. February 2013 correspondence and other communications between the Whatcom County Executive's Office and Whatcom County Planning&Development Services Department (PDS) established that the Character Plan Advisory Committee authorized by the Point Roberts Character Plan had long been inactive. 40. An inquiry was made as to whether or not the Point Roberts Community Advisory Committee, that began meeting in 2010 to review and make recommendations to County decision-makers on matters of importance that relate to the community of Point Roberts could serve as the new Character Plan Advisory Committee. After review by County legal staff it was determined that the existing Point Roberts Community Advisory Committee could not serve as the Character Plan Advisory Committee without an amendment to Point Roberts Character Plan provisions that pertain to the establishment Character Plan Advisory Committee. 41. In June of 2013,the Whatcom County Executive's Office forwarded Whatcom County PDS a draft proposal to amend the Point Roberts Character Plan to change the way the Point Roberts Character Plan Advisory Committee is established. Proposed changes included removal of language pertaining to existing committee membership composition and appointment procedures,with new language added that would effectively assign the Point Roberts Community Advisory Committee(as authorized under Ord. 2010-008 and codified in WCC 2.98)to serve as the new Point Roberts Character Plan Advisory Committee(in addition to its existing duties). 42. In part,the Character Plan is implemented pursuant Whatcom County zoning regulations, Title 20, Chapter 20.72—Point Roberts Special District, Subsection 20.72.651 —Facility Design. Public Interest 43. Implementation of the Point Roberts Character Plan requires establishment of a Character Plan Advisory Committee that convenes to review commercial development proposals for 6 conformance with preferred architectural design elements identified as important to the preservation of the rich heritage of the Point Roberts community. Proposals for commercial development are infrequent, and the Character Advisory Committee established at one time for this specific purpose is no longer active. 44. Another advisory committee designed to serve a role in representing the Point Roberts Community on matters of importance in making recommendations to County decision-makers has an existing membership and is authorized by County ordinance and codified in WCC 2.98. 45. Amending the Character Plan to allow this existing citizen's advisory committee, (one that has a very similar membership structure as that specified in the Character Plan)to serve in a new role as the Character Plan Advisory Committee will promote an efficient and expeditious implementation of the Character Plan provisions,thereby serving the public interest. 46. Several meetings were held in early 2013 when discussion took place during Point Roberts Community Advisory Committee(PRCAC) meetings regarding the status of Point Roberts Character Plan, its implementation, and about the importance of maintaining and implementing this Plan. 47. At the May 14, 2013 Point Roberts Community Advisory Committee meeting, John Lesow, community member, spoke to advise the Committee that `the Point Roberts Character Plan still officially exists despite being inoperative because there is no Character Plan Committee.to act in an advisory role.' (May 14, 2013, PRCAC, Minutes). 48. Further discussion was held indicating that"it would be easiest if the PRCAC itself were to take on the responsibility of the CP Committee"(Character Plan Advisory Committee). This discussion resulted in a Committee vote to unanimously approve PRCAC's interest and intent to take on the advisory duties of a Character Plan Advisory Committee. 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. 49. No adverse impacts to either service providers or to the provision of capital facilities, or transportation facilities have been identified. A citizen's advisory committee that meets regularly to serve as the Point Roberts Character Plan Advisory Committee will add to the efficient and timely review of commercial and institutional development proposals. 50. Project review in the early stages may serve to facilitate conformance with Point Roberts Character Plan objectives, and may also provide project proponents with invaluable and necessary information to assist in the development of plans that will conform to the provisions of the Character Plan. Anticipated impact upon designated agricultural,forest and mineral resource lands. 51. It is not anticipated that the proposed amendments to the Character Plan,will have an adverse impact on Whatcom County's designated Resource Lands. As of the date of this report,there are no Resource Lands designated in the geographic area comprising Point Roberts. Spot Zoning 52. The subject proposal does not involve rezoning property. 7 Urban growth area amendments that propose the expansion of an urban growth area boundary shall be required to acquire development rights from a designated TDR sending area,unless one of the exceptions applies to the amendment. 53. The subject proposal does not modify Urban Growth Area(UGA)boundaries. The Growth Management Act requires counties to designate UGAs, and the County has not designated Point Roberts for future urban growth. IV. CONCLUSIONS 1. The proposed amendments conform to applicable requirements of the Growth Management Act, are internally consistent with the Whatcom County Comprehensive Plan and its adopted County-Wide Planning Policies,and adopted Interlocal Agreements with the cities. 2. The proposed amendments satisfy the approval criteria of WCC 2.160.080. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. Amend Section 9-001 —Advisory Committee, Point Roberts Character Plan as adopted in Section 8.1.1 of the 2001 Point Roberts Subarea Plan, and adopted by reference as part of the Whatcom County Comprehensive Plan, as shown in"Exhibit A". Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of this ordinance shall not affect or impair the validity of the ordinance as a whole or any part thereof other than the part so declared to be invalid. ADOPTED this 28th day of January , 2014. ®��``®tid9611111'I'll ,� . CO ®® ,� WHATCOM COUNTY COUNCIL ATTE°SCr ®® CQV T? �` ®®\ °- WHATCOM COUNTY, WASHINGTON Dana Brow®®Da ® ® ® isis -7,--="--1.-------____------------- ® �- vas, go�tci�°�lerk Carl Weimer, Council Chair ,///1111611ti‘`°'\ APPROVED as to form: "Appr r-I () D:�' ied puty T'rs Civil D b ecutor Jack Lou s, - : _ tiv-` Date: / -3 0 8 EXHIBIT A—Clean Version SECTION 9-001. ADVISORY COMMITTEE The Point Roberts Community Advisory Committee, an existing locally-based residents' advisory committee shall be utilized to work with Whatcom County on the Administration of the Character Plan. Its function will include examining commercial and institutional use structure and sign permit applications for compliance with the Point Roberts Character Plan. Building permit applications are to be promptly examined and a determination made,with or without recommendations, within 21 days prior to the application date. The Point Roberts Community Advisory Committee is a local advisory body to Whatcom County through the office of the Whatcom County Executive and of the Whatcom County Council. The Point Roberts Community Advisory Committee will consist of individuals appointed as provided in Whatcom County Code, Chapter 2.98. The pertinent purpose of the Advisory Committee as it relates to the Character Plan is to examine commercial and institutional use structure and sign permit applications and make recommendations as to their compliance with the Character Plan document to the appropriate administrative authority of Whatcom County. The Advisory Committee is not involved in any other enforcement process. It is intended that the Committee shall function in regard to the Character Plan for as long as the Point Roberts Character Plan remains in effect. All participants shall adhere to a code of conduct. The participants shall ensure that all committee business and any permit reviews are dealt with objectively and at arms length. No participant shall have a conflict of interest, or appear to have a conflict of interest, in relation to any permit application under review. No participant shall receive a benefit, monetary or otherwise, arising from the business of the Advisory Committee. No participant shall have a personal interest in the outcome of any design review process. A determination of conflict can be made through a democratic vote of all participants. In the event of a potential conflict, either through voluntary recognition or committee determination,the participant shall abstain from that decision making process. POINT ROBERTS CHARACTER PLAN 1