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Home My WebLink Aboutord2013-008 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2012 - 328 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: Originator: . M.A. 10/08/2012 10/23/2012 Introduction Matt Aamot Division Head: C E II V I D 11/ 7/2012 Planning & Development Mark Personius UAID /B/1l/7i Comm. and Council SamtRyan d: A ' 4 1018Jra _ OCT 15 2012 2 / 12 / 2013 Council Prosecutor: Royce Buckingham la— (- ( 2 WHATCOM COUNTY Purchasing/Budget: COUNC IL Executive: COUNC Jack Lows ! TITLE OF D I 40 ' !=t T: Comprehensive Plan amendments relating to unincorporated UGA interlocal agreements. ATTACHMENTS: 1 . Proposed Ordinance and Exhibits 2 . Planning Commission Findings of Fact and Reasons for Action Other background information is on file at the Council office. SEPA review required? ( ) Yes ( X ) NO Should Clerk schedule a hearing? ( ) Yes ( X1 ) NO SEPA review completed? ( ) Yes ( X ) NO Requested Date I The Council must hold a hearing if they want to change the Planning Commission 's recommendation IWCC 2.160. 100(B)/. 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.) Amending Whatcom County Comprehensive Plan Policy 2Q-3 and Land Use Action Plan item # 28 . These Comprehensive Plan provisions indicate that the County is to establish interlocal agreements with service providers, including water and sewer districts, serving unincorporated urban growth areas. The proposal would amend these provisions to establish such interlocal agreements only if appropriate. NOTE: Final approval of these amendments would occur as part of concurrent review of comprehensive plan amendments in early 2013. COMMITTEE ACTION: COUNCIL ACTION: 11 / 07 / 2012 : Approved for concurrent review 10 / 23 / 2012 : Introduced 11 / 07 / 2012 : Council forwarded to concurrent review 6-0 , Weimer absent 2 / 12 / 2013 : Council Adopted 7 - 0 Ord . 2013 - 008 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: AB2012-089 and Ord . 2013-008 PLN2012-00005 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. 10-08-2012 SPONSORED BY : Consent PROPOSED BY : PDS INTRODUCTION DATE : 10 / 23 / 2012 ORDINANCE NO. 2013-008 ADOPTING COMPREHENSIVE PLAN AMENDMENTS RELATING TO UNINCORPORATED UGA INTERLOCAL AGREEMENTS WHEREAS, The Whatcom County Council initiated the subject amendments for review in 2012 ; and WHEREAS, Interlocal agreements with service providers serving unincorporated urban growth areas (UGAs) may not be necessary in many cases; and WHEREAS, The Whatcom County Planning Commission held a public hearing on September 27, 2012 ; and WHEREAS, The Whatcom County Planning Commission recommended the comprehensive plan amendments on September 27 , 2012 ; and WHEREAS, The County Council hereby adopts the following findings of fact : FINDINGS OF FACT 1 . The subject proposal is to amend Whatcom County Comprehensive Plan Policy 2Q-3 and Land Use Action Plan item # 28 . These existing Comprehensive Plan provisions indicate that the County is to establish interlocal agreements with service providers, including water and sewer districts, serving unincorporated UGAs. The proposal would amend these provisions to establish such interlocal agreements only if appropriate . 2 . A determination that the proposal is exempt from review under the State Environmental Policy Act (SEPA) as a procedural action was issued by the Deputy SEPA Official on June 6, 2012 . 3 . The proposal was posted on the County website on July 9, 2012 . 4 . Notice that the proposal had been posted on the County website was sent to service provider, citizen, media, and other groups on the County' s e-mail list on July 10, 2012 . 5 . Notice of the subject amendments was submitted to the Washington State Department of Commerce on July 30, 2012 . 1 6 . Notice of the Planning Commission hearing for the subject amendments was published in the Bellingham Herald on September 14, 2012 . 7. The Planning Commission held a public hearing on the subject amendments on September 27, 2012 . 8 . Pursuant to WCC 2 . 160 . 080, in order to approve the proposed comprehensive plan amendments 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 detemnining 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 . Urban growth area 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 9 . The Growth Management Act requires capital facility planning. However, it does not require the Whatcom County Comprehensive Plan to address interlocal agreements with service providers serving non-city UGAs. 2 County-Wide Planning Policies 10. County-Wide Planning Policy E-4 states : The County shall assure that there are plans to provide appropriate levels of urban facilities and services within non-city Urban Growth Areas. These plans should be developed by special purpose districts, water associations and private service providers within each of these Areas, and should be implemented, where appropriate, through interlocal agreements . . . (Underlining added for emphasis). 11 . The subject amendments are consistent with this County-wide Planning Policy. The amendments would change the Comprehensive Plan provisions to establish interlocal agreements with service providers serving non-city UGAs only when deemed appropriate . This will allow greater flexibility for the County and service providers to determine whether an interlocal agreement is needed. Existing Interlocal Agreements 12 . There is nothing in the subject amendments that would be inconsistent with the terms of existing interlocal agreements . Further Studies/Changed Conditions 13 . Whatcom County has started adopting special purpose district capital facility plans by reference for unincorporated urban growth areas . 14 . The Growth Management Act requires capital facility planning for urban growth areas . Therefore, interlocal agreements with special purpose districts may not be necessary, in many cases, to achieve coordination between land use and capital facility planning. Public Interest 15 . The public interest will be served by reducing the need for governmental entities to engage in discussions, and devote time and resources, to develop unnecessary interlocal agreements . Spot Zoning 16 . The subject amendments do not rezone property. TDRs for UGA Expansions 17 . The subject amendments do not expand urban growth areas . 3 CONCLUSION The subject comprehensive plan amendments comply with the approval criteria of WCC 2 . 160. 080. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Section 1 . The Whatcom County Comprehensive Plan Chapter 2 (Land Use) is hereby amended as shown on 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 12th day of February , 2013 . G ® lJ N c .,, WHATCOM COUNTY COUNCIL ATT ° C 0 • • /C ,, WHATCOM COUNTY, WASHINGTON • • ..�GO 0 : AV a leafr • Wm:alaS•11/4. 11eAr 1/6.4 Dan BrownsI4ki�i 1, riciJA2I�rk Kathy Kershner, Chairperson �s� • • • • • • • at \s, • APPROVED as to form : pproved ( ) Denied Ci • !' .� secutor Jack Lou s, Executive Date : 02//3/ / 3 4 Exhibit A Amend Chapter Two of the Whatcom County Comprehensive Plan as follows : Policy 2Q-3 : Establish interlocal agreements with each urban service provider located within Unincorporated Residential/Recreational Urban Growth Areas, if appropriate, which include provisions that address coordination and timing of service extensions . Land Use - Action Plan 28 . Adopt interlocal agreements with water and sewer districts, if appropriate, by June 1 , 29-14 to assure service to county unincorporated urban growth areas and limit urban levels of service outside Short Term Planning Areas . 5