HomeMy WebLinkAboutord2007-022WHATCOM COUNTY COUNCIL AGENDA BILL NO. - 2007 - 935 A
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Ori inalor.,
3/14/2007
3/27/2007
Introduction
Division Head;
4/10/2007
Public HearinE
De pi. Head:
Proseculor:
Purchasin /Bud et
Executive:
TITLE OF DOCUMENT:
Interim Ordinance limiting the size of large commerical retail establishments
A TTA CHMENTS.
SEPA review required? ( ) Yes ( ) NO
Should Clerk schedule a Bearing ? ( } Yes ( ) NO
SEPA review coinpleted? ( ) Yes ( ) NO
Requested Date:
SUMMARYSTATEMENT OR LEGAL NOTICE LANGUAGE: (If this itein is an ordinance or requires a public
Bearing, 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 limiting the size of large commerical retail establishments
COMMITTEE ACTION:
COUNCIL ACTION.
312712007: Introduced
4/10/2007: Council Adopted 6 -1, Crawford
opposed Ord. 2007 -022
Related County Contract #:
Related File Numbers:
Ordinance or Resolution
Number: Ord. 2007 -022
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing
on the Coun 's website at. rvw;v.co.;vhatconi. fva. us /council.
PROPOSED BY: Brenner, Nelson,
Weimer
SPONSORED BY: Brenner, Nelson,
Weimer
INTRODUCTION DATE: March 27, 2007
ORDINANCE NO. 2007 -022
LIMITING, ON AN INTERIM BASIS, THE SIZE OF LARGE COMMERCIAL RETAIL
ESTABLISHMENTS IN ORDER TO PROMOTE COMPATIBILITY WITH OTHER
JURISDICTIONS WITHIN WHATCOM COUNTY
WHEREAS, the Washington State Growth Management Act was created, in part, to
prevent conflicts among local jurisdictions regarding land use planning and management;
and
WHEREAS, county -wide comprehensive planning required in the Growth
Management Act was established, in part, to avoid local land use conflicts between
jurisdictions; and
WHEREAS, according to the Growth Management Act, Whatcom County is to
become a county consisting mainly of rural services; and
WHEREAS, according to the Growth Management Act, urban services are best left to
incorporated cities; and
WHEREAS, Whatcom County, through its visioning process has determined that it
will gradually become a rural service provider; and
WHEREAS, for all jurisdictions within Whatcom County to work together it is
important for all jurisdictions to respect each others' requests and needs; and
WHEREAS, according Whatcom County's County -Wide Planning Policies (CWPP), the
Greater Whatcom County Comprehensive Economic Development Strategy (CEDS) is
intended to put forth economic development alternatives for Whatcom County that will
support job creation, with an emphasis on higher wage jobs and diversification; and
WHEREAS, according to the CWPP, economic development should be encouraged
that does not adversely impact the environment, is consistent with community values and
vision, seeks innovate techniques to attract different industries for a more diversified
economic base, and supports retention and expansion of existing businesses; and
WHEREAS, according to CWPP, to adequately plan for growth and implement the
policies of the Growth Management Act, the governmental jurisdictions in Whatcom County
shall work cooperatively together to establish on -going mechanisms to improve
communication, information sharing, and coordinated approaches to common problems;
and
WHEREAS, Whatcom County will continue to work on adopted plans that are
integrated with the cities to avoid conflicts that will unduly damage the community at large;
and
53 WHEREAS, Whatcom County will continue to work on solutions that will prevent
54 negative impacts on areas throughout Whatcom County; and
55
56 WHEREAS, Whatcom County respects the work that has already been done to
57 create growth that is in -scale with the community, does not damage downtown cores,
58 respects neighboring uses, and creates community -size pockets of retail development to
59 prevent loss of a sense of place inherent in all Whatcom County communities; and
60
61 WHEREAS, Whatcom County believes that only through collaborative efforts with
62 other jurisdictions will we avoid negative county -wide impacts; and
63
64 WHEREAS, Whatcom County believes that large commercial retail establishments
65 are not a rural service, interfere with rural resource industries, and erode the existing vision
66 of Whatcom County; and
67
68 WHEREAS, Whatcom County believes that only commercial retail which is rural
69 resource related or accessory to rural resource industries can exist in larger scale
70 compatibly with rural resources;. and
71
72 WHEREAS, Whatcom County wishes to provide an example to other jurisdictions of
73 our good faith in working cooperatively to ensure all of Whatcom County maintains a legacy
74 that future generations will enjoy; and
75
76 WHEREAS, RCW 36.70.790 and RCW 36.70.795 allows for adoption of interim
77 official controls as long as a public hearing is held within 60 days of adoption; and
78
79 WHEREAS, the Whatcom County Council will schedule a public hearing on this issue
80 for March 27, 2007, or a later date;
81
82 WHEREAS, RCW 36.70.795 requires the adoption of findings of fact which justify
83 Council action, therefore, the Council makes the following findings:
84
85 1. Whatcom County is in the process of docketing comprehensive plan
86 amendments, zoning text amendments, and urban growth area updates for
87 the jurisdictions within Whatcom County.
88
89 2. Whatcom County is required under the County -Wide Planning Policies to
90 ensure compatibility and consistency with all jurisdictions through these
91 processes.
92
93 3. Whatcom County lacks the resources to adequately provide an urban level of
94 services without coordination with other jurisdictions within Whatcom County.
95
96 4. Large commercial retail establishments require coordination of urban level of
97 services with other jurisdictions within Whatcom County.
98
99 5. Whatcom County Comprehensive Plan Policy 2T -9, contained within the land
100 use section, states, "Joint planning in Bellingham's UGA (urban growth area)
101 should include joint review of development proposals. City design and
102 development regulations should be required in Bellingham's UGA ".
103
104 6. On February 12 the City of Bellingham passed Ordinance 2007 -02 -011 to limit
105 the size of commercial retail establishments.
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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. This 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.
BE 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, which may be renewed for one or more six -month periods if
subsequent public hearings are held and findings of fact are made prior to each renewal.
61',PM lai,� day of
J ?•y�HArc0•. C�
COLNiY "
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13rdW _'DM.FvtouoSl Clerk
AP P R"J""f�� ITy{�tilr�d�M
1 � 1
Deputy Prosecutor
April. , 2007.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Carl Wei er, Council Chair
{ Approved ( ) Denied
Pete Kremen, County Executive
Date: �— /Z 01