HomeMy WebLinkAboutord2009-031 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2009 - 179
CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to:
Originator: St r c E 3 / 31 / 09 Introduction
Division Head: 1 1 �I 4 / 14 / 09 Hearing
MAR 2 4 2009 4 / 28 / 2009 Introduced /
Dept Head: �� —��� Hearing
Prosecutor: 1-tee 679 WHATCOM COUNTY 5 / 12 / 2009 'Hearing
COUNCIL.
Purchasing/Budget: )
Executive: ���1 .3\W -d97
TITLE OF DOCUMENT: Ordinance amending the Whatcom County Code Title 20, Section 20. 83. 110
ATTACHMENTS: Staff memo and ordinance with amended Title 20 section.
SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing? ( x ) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) 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.)
Ordinance amending the Whatcom County Code Title 20, Section 20 . 83 . 110 to include additional language
regarding "reduction of area " in the non-conforming use chapter.
COMMITTEE ACTION:: COUNCIL ACTION:
4 / 28 / 2009 : Introduce substitute ordinance 3 / 31 / 2009 : Introduced
tonight and have a public hearing on 5 / 12 / 09 . 4 / 28 / 2009 : Council held . , Hearing to be
Schedule in committee again . scheduled . on revised version 5 / 12 / 09 .
4 / 28 / 2009 : Introduced revised version .
5 / 12 / 2009 : Council Adopted 6 - 1 Brenner
opposed Ord . 2009 - 031
* 4 / 28 / 2009 : Second Hearing-Bellingham Herald
did not run Public Notices on this item
Related County Contract #: Related File Numbers: Ordinance or Resolution Number:
Ord . 2009 - 031
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: CONSENT
PROPOSED BY: PDS
INTRODUCTION DATE : MARCH 31 , 2009
Reintroduced : April 28 , 2009
ORDINANCE NO . 2009 - 031
AMENDING WHATCOM COUNTY CODE , TITLE 20, NONCONFORMING USES AND
PARCELS
WHEREAS, the Whatcom County Council requested review of Title 21 with the
adoption of the 2007-2008 budget; and
WHEREAS , Planning and Development Services staff have undertaken a review
of land division procedures conducted in Whatcom County; and
WHEREAS , the amendments to the land division ordinance are procedural
amendments that do not change development standards applicable to any land division
in Whatcom County; and
WHEREAS , the County Council has adopted the following Findings and
Conclusions :
FINDINGS OF FACT AND CONCLUSIONS
1 . The amendments are exempt from review under the State Environmental
Policy Act pursuant to WAC 197- 11 -800( 19 )
2 . Notice of the proposed amendments was circulated to those expressing an
interest in the proposed amendments prior to public hearing . Several opportunities were
provided to review a preliminary draft of the proposed amendments prior to
consideration by the Whatcom County Planning Commission .
3 . Notice of the public hearing was provided in the Bellingham Herald at least
ten days prior to the hearing .
4. The Whatcom County Planning Commission conducted a public hearing to
consider the proposed amendments on November 13 , 2008 and recommended approval
to the Whatcom County Council regarding the proposed amendments .
5 . Notice of the proposed amendments was provided to Washington State
Department of Community, Trade and Economic Development ( CTED ) . CTED
acknowledged receipt of the proposed amendments on February 29 , 2008 .
6 . A copy of the proposed amendments was provided to all cities within
Whatcom County. No comments were received from cities regarding the amendments .
7 . The amendments are consistent with RCW 58 . 17 , Plats — subdivisions —
dedications .
8 . A public hearing on the proposed amendments was held by the Whatcom
County Council on December 9 , 2008 .
9 . After considering public testimony, the Whatcom County Council adopted
Ordinance 2009-007 which removed criteria for review of boundary line adjustments
pending legal counsel review.
10 . The Whatcom County Council re-introduced proposed changes to boundary
line adjustment criteria on March 17 , 2009 and a public hearing was scheduled to
consider the proposed changes .
11 . After review of testimony, it has been found that the proposed amendments
regarding boundary line adjustments are consistent with RCW 58 . 17 , Plats —
subdivisions — dedications .
NOW, THEREFORE , BE IT ORDAINED by the Whatcom County Council that:
Section. 1 : Title 20 is amended as indicated in Exhibit 1 of this ordinance .
ADOPTED this 12th day of May , 2009.
;( C , WHATCOM COUNTY COUNCIL
` WHATCOM COUNTY, WASHINGTON
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APP OVEbas
to form ( Approved ( ) Denied
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Civi - � � ecutor e Kremen , County Executive
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Date : -09
April 28, 2009
EXHIBIT 1
Amendments to Title 20
Whatcom County Zoning Code
20 . 83 . 110 Reduction of area
The Administrator shall not cause or increase the nonconformity of lots that are
substandard as to lot area and/or lot width requirements through boundary line
adjustments, provided however, that the Administrator or Hearing Examiner may
approve boundary line adjustments required to satisfy an unidentified or disputed
property line or to identify the same in accordance with RCW 58 . 04 . 007 . In
addition , boundary line adjustments in the Agricultural zone in conformance with
WCC 20 . 40 . 251 and 20 . 40 . 252 shall be allowed .
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