HomeMy WebLinkAboutord2007-013WHATCOM COUNTY COUNCIL AGENDA BILL NO. - 2007 - 135
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
2/26/2007
2/27/2007
Council
Division Head:
3/13/2007
Public Hearing
Dept. Head:
Prosecutor:
Purchasin /Bud el:
aecutive:
TITLE OF DOCUMENT.
Emergency interim ordinance limit size of large commercial retail establishments
ATTACHMENTS.
SEPA review required? ( ) Yes ( ) NO
Should Clerk schedule a hearing ? ( X ) Yes ( } NO
SEPA review completed? ( ) Yes ( ) NO
Requested Date:
3/13/2007
SUMMARYSTATEMENT 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.)
Emergency interim ordinance limiting the size of large commercial retail establishments in order to promote rural level of service in unincorporated
Whatcom County
COMMITTEE ACTION:
COUNCIL ACTION.
2/27/2007: Council Amended & Adopted 6 -1
Crawford opposed Ord. 2007 -013
Related County Contract #:
Related File Numbers:
Ordinance or Resolution
Number: Ord. 2007 -013
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing
on the County's website at. rvww. co. whatcoin. xva. us /council.
I PROPOSED BY: Brenner, Nelson,
2 Weimer
3 SPONSORED BY: Brenner, Nelson,
4 Weimer
5 INTRODUCTION DATE: February 27, 2007
6
7 ORDINANCE NO. 2007 -013
8
9 AN EMERGENCY INTERIM ORDINANCE LIMITING THE SIZE OF LARGE COMMERCIAL.
10 RETAIL ESTABLISHMENTS IN ORDER TO PROMOTE COMPATIBILITY WITH OTHER
11 JURISDICTIONS WITHIN WHATCOM COUNTY
12
13 WHEREAS, the Washington State Growth Management Act was created, in part, to
14 prevent conflicts among local jurisdictions regarding land use planning and management;
15 and
16
17 WHEREAS, county -wide comprehensive planning required in the Growth
18 Management Act was established, in part, to avoid local land use conflicts between
19 jurisdictions; and
20
21 WHEREAS, according to the Growth Management Act, Whatcom County is to
22 become a county consisting mainly of rural services; and
23
24 WHEREAS, according to the Growth Management Act, urban services are best left to
25 incorporated cities; and
26
27 WHEREAS, Whatcom County, through its visioning process has determined that it
28 will gradually become a rural service provider; and
29
30 WHEREAS, for all jurisdictions within Whatcom County to work together it is
31 important for all jurisdictions to respect each others' requests and needs; and
32
33 WHEREAS, according Whatcom County's County -Wide Planning Policies (CWPP), the
34. Greater Whatcom County Comprehensive Economic Development Strategy (CEDS) is
35 intended to put forth economic development alternatives for Whatcom County that will
36 support job creation, with an emphasis on higher wage jobs and diversification; and
37
38 WHEREAS, according to the CWPP, economic development should be encouraged
39 that does not adversely impact the environment, is consistent with community values and
40 vision, seeks innovate techniques to attract different industries for a more diversified
41 economic base, and supports retention and expansion of existing businesses; and
42
43 WHEREAS, according to CWPP, to adequately plan for growth and implement the
44 policies of the Growth Management Act, the governmental jurisdictions in Whatcom County
45 shall work cooperatively together to establish on -going mechanisms to improve
46 communication, information sharing, and coordinated approaches to common problems;
47 and
48
49 WHEREAS, Whatcom County will continue to work on adopted plans that are
50 integrated with the cities to avoid conflicts that will unduly damage the community at large;
51 and
52
54
55 WHEREAS, Whatcom County respects the work that has already been done to
56 create growth that is in -scale with the community, does not damage downtown cores,
57 respects neighboring uses, and creates community -size pockets of retail development to
58 prevent loss of a sense of place inherent in all Whatcom County communities; and
59
60 WHEREAS, Whatcom County believes that only through collaborative efforts with
61 other jurisdictions will we avoid negative county -wide impacts; and
62
63 WHEREAS, Whatcom County believes that large commercial retail establishments
64 are not a rural service, interfere with rural resource industries, and erode the existing vision
65 of Whatcom County; and
66
67 WHEREAS, Whatcom County believes that only commercial retail which is rural
68 resource related or accessory to rural resource industries can exist in larger scale
69 compatibly with rural resources; and
70
71 WHEREAS, Whatcom County wishes to provide an example to other jurisdictions of
72 our good faith in working cooperatively to ensure all of Whatcom County maintains a legacy
73 that future generations will enjoy; and
74
75 WHEREAS, Section 2.40 of the Whatcom County Charter allows for the adoption of
76 an emergency ordinance for the immediate preservation of the public peace, health, or
77 safety or support of the county government and its existing institutions; and
78
79 WHEREAS, the Whatcom County Charter limits an emergency ordinance to a period
80 not to exceed 60 days from the effective date of the adopted ordinance; and
81
82 WHEREAS, RCW 36.70.795 requires the County Council hold a public hearing within
83 60 days from the effective date of the adopted ordinance; and
84
85 WHEREAS, RCW 36.70.795 requires the adoption of findings of fact which justify
86 Council action, therefore, the Council makes the following findings:
87
88 1. Whatcom County is in the process of docketing comprehensive plan
89 amendments, zoning text amendments, and urban growth area updates for
90 the jurisdictions within Whatcom County.
91
92 2. Whatcom County is required under the County -Wide Planning Policies to
93 ensure compatibility and consistency with all jurisdictions through these
94 processes.
95
96 3. Whatcom County lacks the resources to adequately provide an urban level of
97 services without coordination with other jurisdictions within Whatcom County.
98
99 4. Large commercial retail establishments require coordination of urban level of
100 services with other jurisdictions within Whatcom County.
101
102 5. Whatcom County Comprehensive Plan Policy 2T -9, contained within the land
103 use section, states, "Joint planning in Bellingham's UGA (urban growth area)
104 should include joint review of development proposals. City design and
105 development regulations should be required in Bellingham's UGA ".
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6. On February 12 the City of Bellingham passed Ordinance 2007 -02 -011 to limit
the size of commercial retail establishments.
7. Whatcom County Comprehensive Plan Policy 2Q -2, contained within the land
use section, states, "Establish procedures for development project review
within urban growth areas which protect the interests of both the city and the
county. Generally, city development standards and adopted levels of service
should be applied within urban growth areas ".
8. On February 20, 2007, the City of Ferndale passed emergency legislation to
prevent the vesting of commercial retail establishments greater than 75,000
square feet until Ferndale can complete necessary public processes.
9. An emergency ordinance is necessary to prevent the vesting of any
incompatible establishment or use in unincorporated Whatcom County until
the county completes Urban Growth Area updates, zoning text amendments,
and Comprehensive Plan amendments relating to compatibility issues with
other jurisdictions as stated in the findings.
WHEREAS, Whatcom County encourages all cities within the county to ensure that
commercial development is compatible with the character of our wonderful cities.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that
Whatcom County hereby limits the size, on an interim basis, to 75,000 square feet on all
new applications for commercial retail establishments that are not accessory to rural
resources.
BE IT FURTHER ORDAINED that manufacturing facilities which include accessory
commercial retail, and in which manufacturing is the main function, are exempt.
. AVOMMilhis 27 day of February , 2007.
•�`��•( G 0 (+
NT C 0* -.0 ,,
CoLWcil Clerk
AP�Q DgS*'O�M:
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C1vil- DepuTy PfoVecutor
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Carl Wei , Council Chair
( pproved ( ) Denied
Pete semen, County Executive
Date: a`D 7