HomeMy WebLinkAboutord2010-067 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2010 — 180 B
CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to:
Originator: 11 /23/2010 11 /23/2010 Introduction
I �.. Ire'- . E D 12 / 7 / 10 Public Heari
Division Head. ` _ V Vr_ g
Wit. Head: A4S i l - o ' LQ
NOV1 ;2010
Prosecutor:
Purchasing/Budget: WHAT COM COUNTY
COUNCIL
Executive:
TITLE OF
Interim Ordinance to allow for one-time extension for land use approvals
ATTACHMENTS:
SEPA review required? ( ) Yes ( ) NO Should Clerk schedule a hearing ? ( X ) Yes ( • ) NO
SEPA review completed? ( ) Yes ( ) NO Requested Date: 12/7/2010
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.)
Interim Ordinance to allow for one-time extension for land use approvals
COMMITTEE ACTION: COUNCIL ACTION:
11 / 23 / 2010 : Introduced
12 / 07 / 2010 : Council Adopted 5 - 2 , Mann &
Weimer opposed
Ord . 2010-067
Related County Contract #: Related File Numbers: Ordinance or Resolution
Number: Ord .. 2010- 067
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/councib
Hardship Extension Ord. - Final for December 7
SPONSORED BY: Consent
PROPOSED BY: Crawford
INTRODUCTION DATE : 11 / 23 / 2010
ORDINANCE NO. 2010- 067
AMENDING WHATCOM COUNTY CODE, ON AN INTERIM BASIS, TO ALLOW FOR A
ONE-TIME ECONOMIC HARDSHIP EXTENSION OF LAND USE PERMIT EXPIRATIONS
WHEREAS, the state and county have suffered a severe economic downturn which
has created economic hardships and tightening of credit markets, resulting in a situation
where developers and property owners are unable to commence or finalize projects or
complete applications in a timely manner;
WHEREAS, Whatcom County can reduce and alleviate the pressure from the current
economic climate and market conditions for projects and applications that have not been
completed within time limitations by extending expiration dates and vested status when
economic hardship of developers and property is demonstrated ; and
WHEREAS, Whatcom County is authorized to set expiration dates for zoning permits
and pending applications therefore pursuant to RCW 36 . 70 , Planning Enabling Act, and
binding site plans, short plats , subdivisions, and pending applications therefore pursuant to
RCW 58 . 17 ; and
WHEREAS, on May 25 , 2010 , the Whatcom County Council adopted Ordinance
2010 - 026 to allow a one -time economic hardship extension of land use permit expirations
for a six- month period ; and
WHEREAS, significant challenges continue to exist in the financial and construction
industries ; and
WHEREAS, the Council recognizes the need to continue allowing for one- time
extensions of expiration dates and vested status when economic hardship of developers and
property is demonstrated ; and
WHEREAS, the Council makes the following findings of fact and reasons for action in
accordance with RCW 36 . 70 . 795 :
FINDINGS OF FACT AND REASONS FOR ACTION
1 . Whatcom County , like the rest of the state and nation , is facing a significant
economic downturn that has directly affected the construction industry . The
impacts are reflected in a variety of economic indicators at the state and local
level .
2 . A freeze in the credit markets, significant decreases in construction
employment, and a decline in the number of applications for building permits
and land use reviews are all indicators of the state of our economy .
3 . These extraordinary conditions of the current economic market have made it
extremely difficult for developers and homeowners to acquire financing to begin
or complete their development proposals .
4 . The proposed code amendments allow sufficient time for pending applications
and approved projects to remain vested and weather the current market
situation , while also limiting the length of the extension so that conditions and
regulations considered at the time of approval remain valid .
5 . The amendments are in the best interest of the public health , safety and welfare
of the community.
N OW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that the
Official Whatcom County Zoning Ordinance (Title 20) and Official Whatcom County Land
Division Regulations (Title 21 ) are hereby amended as shown in Exhibit A to this ordinance .
B E IT FURTHER ORDAINED by the Whatcom County Council that this ordinance
shall not remove the vested permit expiration timeframe calculation for permits already
granted a one-time economic hardship extension under the previous interim permit
extension ordinance ( Ord . 2010- 026 ) .
B E IT FINALLY ORDAINED by the Whatcom County Council that, pursuant to RCW
36 . 70 . 795 , this amendment shall be effective for not longer than six months following the
effective date of this ordinance .
ADO %YI,is`i�,, day of December , 2010 .
J� T
. • W Hq •• tai Cs '''.
WHATE JNT�CC4
cO •• � _ W ATCOM COU TY, ASHINGTON
Dana firowr1,gi is,. '1,0(4.(1 the.ouncil je*liatcX
m Cr awford , ncil Chair
• 17IN GI ••WHAT el * I COUNTY ES
CItiTIVE
APPR • Eth4 i'FO • f4 W • A «.• M COUN , WASHINGTON
" um 11n
• ivi Deputy wrosecutor Pete Kremen , County Executive
( proved ( ) Denied
Date Signed : /O3 • 09 • / 0
EXHIBIT A
( HARDSHIP EXTENSION ORDINANCE, DECEMBER 2010)
Section 1 : Amend the Whatcom County Zoning Code, Chapter 20 . 84 as follows :
One-Time Economic Hardship Extension of Permit Expirations
1 . A one-time two ( 2) year time extension of vested status for any terms,
conditions or other dates, including permit expiration , shall be granted for
the following land use permits : planned unit developments, conditional
use permits, variances, or administrative use permits if all of the following
criteria are met :
a . The applicant . files a written extension request with applicable fee
on forms provided by the County no later than March 1 , 2012 .
b . The extension request includes a sworn declaration that the work
authorized by the land use approval will be delayed as a result of
adverse market conditions or inability to secure financing ; and
c. The extension request is for an issued land use approval to expire
between December 5 , 2010 and March 151, 2012 .
2 . Any permit application for a permit identified in the previous Section 1
pending on December 5 , 2010, shall be extended and remain vested for a
period of two ( 2) years from the date of expiration of such permit
application provided the following criteria are met :
a . The applicant files a written extension request with applicable fee
on form provided by the County no later than March 1 , 2012 .
b . The extension request includes a sworn declaration that the
completion of the pending permit application was or will be delayed as
a result of adverse market conditions or inability to secure financing .
3 . The time extension shall be granted by the official who granted the
underlying permit, that being either the Zoning Administrator or Whatcom
County Hearing Examiner.
4 . One-time economic hardship permit extensions which have already been
applied for prior to December 5 , 2010 shall remain `vested ' for permit
expiration timeframe calculation purposes .
5 . An applicant may apply for other extensions identified in the applicable
Whatcom County Code if submitted prior to the conclusion of this two ( 2 )
year one-time extension .
Section 2 : Amend the Whatcom County Land Division ordinance, Chapter 21 . 01 as follows :
One-Time Economic Hardship Extension of Permit Expirations
1 . A one-time two ( 2 ) year time extension of vested status for any terms,
satisfying additional requirements, conditions or other dates, including
expiration of the date to record a final short subdivision , exempt land
division , subdivision , and general or specific binding site plan , shall be
granted if all of the following criteria are met :
a . The applicant files a written extension request with applicable fee
on forms provided by the County no later than March 1 , 2012 .
b . The extension request includes a sworn declaration that the work
authorized by the land use approval will be delayed as a result of
adverse market conditions or inability to secure financing ; and
c . The extension request is for an issued land use approval or notice
of additional requirements to expire between December 5 , 2010
and March 1 , 2012 .
2 . Any application for an exempt land division , short subdivision , subdivision ,
and a general or specific binding site plan pending on December 5, 2010 ,
shall be extended and remain vested for a period of two ( 2) years from
the date of expiration of such application (whether or not expired )
provided the following criteria are met :
a . The applicant files a written extension request with applicable fee
on forms provided by the County no later than March 1 , 2012 .
b . The extension request includes a sworn declaration that the
pending application was or will be delayed as a result of adverse
market conditions or inability to secure financing .
3 . The time extension shall be granted by the official who granted the
underlying preliminary land division or notice of additional requirements,
that being either the Subdivision Administrator or Whatcom County
Hearing Examiner.
4 . An applicant may apply for other extensions identified in the applicable
Whatcom County Code if submitted prior to the conclusion of this two ( 2)
year one-time extension .
5 . One-time economic hardship permit extensions which have already been
applied for prior to December 5 , 2010 shall remain 'vested ' for permit
expiration timeframe calculation purposes .
Section 3 : Amend the Whatcom County Critical Areas Ordinance, Chapter16 . 16 . 255 as
follows :
D . Critical areas assessment reports shall generally be valid for a period of
five years . Future land use applications may require preparation of new or
supplemental critical area assessment reports unless it can be
demonstrated to the satisfaction of the technical administrator that the
previously prepared report is adequate for current analysis . The technical
administrator may also require the preparation of a new critical area
assessment report or a supplemental report when new information is
found demonstrating that the initial assessment is in error. If the technical
administrator requires more information in the report, he/she shall make
the request in writing to the applicant stating what additional information
is needed and why .
H . A one-time two ( 2) year time extension for critical area assessment
reports shall be granted if all of the following criteria are met :
1 . The applicant files a written extension request with
applicable fee on forms provided by the County no later than
March 1 , 2012 .
2 . The extension request includes a sworn declaration that the
work authorized by the land use approval will be delayed as
a result of adverse market conditions or inability to secure
financing ; and
3 . The extension request is for an issued land use approval to
expire between December 5, 2010 and March 1 , 2012 .
The time extension shall be granted by the official who approved the
critical area assessment report, that being either the Technical
Administrator or Whatcom County Hearing Examiner.
One-time economic hardship permit extensions which have already been
applied for prior to December 5 , 2010 shall remain `vested ' for permit
expiration timeframe calculation purposes .
Section 4 : Amend the Whatcom County Critical Areas Ordinance, Chapter16 . 16 . 375 as
follows :
C . A geological assessment for a specific site may be valid for a period of up
to five years when the proposed land use activity and site conditions
• affecting the site are unchanged . However, if any surface and subsurface
conditions associated with the site change during that five -year period ,
the applicant may be required to submit an amendment to the geological
assessment.
D . . A one-time two ( 2) year time extension for geologic assessment reports •
shall be granted if all of the following criteria are met :
4 . The applicant files a written extension request with
applicable fee on forms provided by the County no later than
March 1 , 2012 .
5 . The extension request includes a sworn declaration that the
work authorized by the land use approval will be delayed as
a result of adverse market conditions or inability to secure
financing ; and
6 . The extension request is for an issued land use approval to
expire between December 5,. 2010 and March 1 , 2012 .
7 . One-time economic hardship permit extensions which have
already been applied for prior to December 5 , 2010 shall
remain `vested ' for permit expiration timeframe calculation
purposes .
The time extension shall be granted by the official who approved the
geologic assessment report, that being either the Technical Administrator
or Whatcom County Hearing Examiner.
•