HomeMy WebLinkAboutord2007-052WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2007 - 135 B
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
Originator:
9/18/2007
9/25/2007
Council Introductio
Division Head:
10/9/2007
Hearing
Dept. Head:
Prosecutor:
Purchasin /Bud et:
Executive:
TITLE OF DOCUMENT:
Interim ordinance limiting size of large commercial retail establishments
ATTACHMENTS:
SEPA review required? ( ) Yes ( ) NO
Should Clerk schedule a hearing ? ( ) 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 limiting, on an interim basis, the size of large commercial retail establishments in order to promote compatibility with other jurisdictions
within Whatcom County
COMMITTEE ACTION:
COUNCIL ACTION:
9/25/2007: Introduced
10/9/2007: Council Adopted 6 -1 Crawford
opposed Ord. 2007 -052
Related County Contract #:
Related File Numbers:
Ordinance or Resolution
Number., Ord. 2007 -052
Please Note: Once adopted and signed, ordinances and resolutions are availablefor viewing and printing
on the County's website at: www.co.whatcom.wa.us /council.
1 PROPOSED BY: Brenner, Nelson, Weimer
2 SPONSORED BY: Brenner, Nelson, Weimer
3 INTRODUCTION DATE: September 2S, 2007
4
5 ORDINANCE NO. 2007 -052
6
7 LIMITING, ON AN INTERIM BASIS, THE SIZE OF LARGE COMMERCIAL RETAIL
8 ESTABLISHMENTS IN ORDER TO PROMOTE COMPATIBILITY WITH OTHER
9 ]URISDICTIONS WITHIN WHATCOM COUNTY
10
11 WHEREAS, the Washington State Growth Management Act was created, in part, to
12 prevent conflicts among local jurisdictions regarding land use planning and management;
13 and
14
15 WHEREAS, county -wide comprehensive planning required in the Growth
16 Management Act was established, in part, to avoid local land use conflicts between
17 jurisdictions; and
18
19 WHEREAS, according to the Growth Management Act, Whatcom County is to
20 become a county consisting mainly of rural services; and
21
22 WHEREAS, according to the Growth Management Act, urban services are best left to
23 incorporated cities; and
24
25 WHEREAS, Whatcom County, through its visioning process has determined that it
26 will gradually become a rural service provider; and
27
28 WHEREAS, for all jurisdictions within Whatcom County to work together it is
29 important for all jurisdictions to respect each others' requests and needs; and
30
31 WHEREAS, according Whatcom County's County -Wide Planning Policies (CWPP), the
32 Greater Whatcom County Comprehensive Economic Development Strategy (CEDS) is
33 intended to put forth economic development alternatives for Whatcom County that will
34 support job creation, with an emphasis on higher wage jobs and diversification; and
35
36 WHEREAS, according to the CWPP, economic development should be encouraged
37 that does not adversely impact the environment, is consistent with community values and
38 vision, seeks innovate techniques to attract different industries for a more diversified
39 economic base,.-and supports retention and expansion of existing businesses; and
40
41 WHEREAS, according to CWPP, to adequately plan for growth and implement the
42 policies of the Growth Management Act, the governmental jurisdictions in Whatcom County
43 shall work cooperatively together to establish on -going mechanisms to improve
44 communication, information sharing, and coordinated approaches to common problems;
45 and
46
47 WHEREAS, Whatcom County will continue to work on adopted plans that are
48 integrated with the cities to avoid conflicts that will unduly damage the community at large;
49 and
50
51 WHEREAS, Whatcom County will continue to work on solutions that will prevent
52 negative impacts on areas throughout Whatcom County; and
53
54 WHEREAS, Whatcom County respects the work that has already been done to
55 create growth that is in -scale with the community, does not damage downtown cores,
56 respects neighboring uses, and creates community -size pockets of retail development to
57 prevent loss of a sense of place inherent in all Whatcom County communities; and
58
59 WHEREAS, Whatcom County believes that only through collaborative efforts with
60 other jurisdictions will we avoid negative county -wide impacts; and
61
62 WHEREAS, Whatcom County believes that large commercial retail establishments
63 are not a rural service, interfere with rural resource industries, and erode the existing vision
64 of Whatcom County; and
65
66 WHEREAS, Whatcom County believes that only commercial retail which is rural
67 resource related or accessory to rural resource industries can exist in larger scale
68 compatibly with rural resources; and
69
70 WHEREAS, Whatcom County wishes to provide an example to other jurisdictions of
71 our good faith in working cooperatively to ensure all of Whatcom County maintains a legacy
72 that future generations will enjoy; and
73
74 WHEREAS, RCW 36.70.790 and RCW 36.70.795 allows for adoption of interim
75 official controls as long as a public hearing is held within 60 days of adoption; and
76
77 WHEREAS, the Whatcom County Council will schedule a public hearing on this issue
78 for October 9, 2007, or a later date;
79
80 WHEREAS, RCW 36.70.795 requires the adoption of findings of fact which justify
81 Council action, therefore, the Council makes the following findings:
82
83 1. Whatcom County is in the process of docketing comprehensive plan
84 amendments, zoning text amendments, and urban growth area updates for
85 the jurisdictions within Whatcom County.
86
87 2. Whatcom County is required under the County -Wide Planning Policies to
88 ensure compatibility and consistency with all jurisdictions through these
89 processes.
90
91 3. Whatcom County lacks the resources to adequately provide an urban level of
92 services without coordination with other jurisdictions within Whatcom County.
93
94 4. Large commercial retail establishments require coordination of urban level of
95 services with other jurisdictions within Whatcom County.
96
97 5. Whatcom County Comprehensive Plan Policy 2T -9, contained within the land
98 use section, states, "Joint planning in Bellingham's UGA (urban growth area)
99 should include joint review of development proposals. City design and
100 development regulations should be required in Bellingham's UGA ".
101
102 6. On February 12 the City of Bellingham passed Ordinance 2007 -02 -011 to limit
103 the size of commercial retail establishments.
104
105 7. Whatcom County Comprehensive Plan Policy 2Q -2, contained within the land
106 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.
ADOPTED this 9th
day of October _'2007.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Carl Wei , ouncil Chair
( Approved O Denied
Pete Kre/men, County Executive
Date: ! 0y1e -1017