HomeMy WebLinkAboutord2009-035 WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2008- 402
CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to:
Originator: RM 10/28/08 '•' .
Roland Middleton 11 / 25 / 08 Nat Res / Introduction
Divisimnritmt RCCEVCIJ L
_Linda Peterson 12 / 09 / 2008 Council
Dept. Head:
DavidStalheim 11` 13 NOV 18 2008 5 / 12 / 2009 Council
Prosecutor:
oycecBuc f . o g WHATCOM COUNTY _
Royce Buckingham j � /y- COPurchasing/Budget: �A C O U N C I L
Brad Bennett
Executive:
Pete Kremen ) / g'
TITLE OF DO UMENT: Ordinance to delete policy 2BB-7 from the Cherry Point Urban Growth Area of the
Whatcom County Comprehensive Plan.
ATTACHMENTS:
( 1 ) Proposed Ordinance
(2) Planning Commission Findings
(3 ) September 24, 2008 Staff Report
SEPA review required? (X ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( X ) NO
SEPA review completed? (X ) 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.)
Delete policy 2BB-7 from the Cherry Point Urban Growth Area of the Whatcom County Comprehensive Plan. The policy
reads: Work with other agencies and industrial owners at Cherry Point to add additional docks, as necessary,
that can also serve upland users, provided that the use is consistent with sound environmental practices.
This policy was inadvertently left in place when the new policy, 2BB- 10, was adopted by Ordinance #99-079 effective
December 2, 1999.
Policy 2BB-7 is inconsistent with the Comprehensive Plan and the Shoreline Management Program.
COMMITTEE ACTION: COUNCIL ACTION:
11 / 25 / 2008 : Forwarded to Council for approval 11 / 25 / 2008 : Introduced
12 / 09 / 2008 : Council forwarded to Concurrency
6 - 1 Crawford opposed
5 / 12 / 2009 : Council Adopted 7 -0
Ord . 2009 - 035
Related County Contract #: Related File Numbers: Ordinance or Resolution Number:
PDS File # CMP 2008-00007 Ord . 2009 - 035
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
C:\DOCUME--1\ADMINI- 1\LOCALS-1\Temp\XPgrpwise\CP agenda_bill.doc
11- 12-08
SPONSORED BY: Consent
PROPOSED BY: PDS
INTRODUCTION DATE : 11 / 25 / 08
ORDINANCE # 2009 -035
DELETE POLICY #2BB-7 OF THE CHERRY POINT URBAN GROWTH AREA
OF THE WHATCOM COUNTY COMPREHENSIVE PLAN
WHEREAS, Policy 2BB-7 was inadvertently left in place when the new policy, 2BB- 10, was
adopted by Ordinance #99-079 effective December 2, 1999; and
WHEREAS, Policy 2BB-7 is inconsistent with the Comprehensive Plan and the Shoreline
Management Program; and
WHEREAS, Legal notice of the Planning Commission hearing was published in the
Bellingham Herald; and
WHEREAS, The Planning Commission held a public hearing on the proposal; and
WHEREAS, The County Council has considered the Planning Commission' s
recommendations .
The Council makes the following findings of fact and conclusions :
FINDINGS OF FACT
1 . On March 23 , 1999, the Whatcom County Council initiated an amendment to "Revise the
Comprehensive Plan to include the consideration of only one additional industrial multi-use
pier to provide for economic development while preserving the environmentally sensitive
shoreline and marine life at the Cherry Point Management Area" (Resolution 99-012) .
2. A determination of non-significance was issued September 19, 2008 under the State
Environmental Policy Act.
3 . Notice of the public hearing was published in the Bellingham Herald on September 28 , 2008 .
4 . The May 20, 1999 Staff Report for file #CMP99-00014 provides the background for
Comprehensive Plan Policy 2BB- 10 and changes to the 1997 Shoreline Management
Program.
5 . Ordinance #99-079 adopted on December 2, 1999 added policy 2BB- 10 and changes to the
1997 Shoreline Management Program.
6 . The 2007 Shoreline Management Program approval by Department of Ecology on August 8,
2008 has similar language to the amended 1997 Shoreline Management Program.
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7 . Notice of the proposed change was received by the Department of Community, Trade and
Economic Development on September 5 , 2008 (CTED Material ID # 13412) . No comments
were received.
8 . The Planning Commission held a public hearing on the subject amendment on October 9,
2008 .
CONCLUSIONS
1 . The subject amendment complies with the approval criteria of WCC 20 . 10. 080 for
comprehensive plan amendments.
2 . Comprehensive Plan Policy 2BB-07 is inconsistent with the more recent Comprehensive
Plan Policy 2BB- 10 .
3 . Comprehensive Plan Policy 2BB-07 is inconsistent with the 2007 Shoreline Management
Program.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Policy 2BB-7 is deleted from the Cherry Point Urban Growth Area of the Whatcom County
Comprehensive Plan.
ADOPTED this 12th day of May , 2009
• WHATCOM COUNTY COUNCIL
ATTEST : WHATCOM COUNTY, WASHINGTON
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2;; E; as to form : pproved ( ) Denied
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Civil-Depu rosecutor Pete Kremen, Executive
Date :
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