HomeMy WebLinkAboutAB2005-226 CAO Amend. Ord.WHATCOM COUNTY COUNCIL AGENDA BILL NO. 9nn5 -22t;
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Date
Date Received in Council Office
Agenda Date
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DOC MENT.'
Ordinance amending the official Whatcom County Critical Areas Ordinance, WCC Chapter 16.16 — Critical Areas and associated
provisions of WCC Title 2, Chapter 2.33, and WCC Title 20.
ATTACHMENTS:
(1) Proposed Ordinance
(2) Agency Report with Recommended Text
(3) Staff Report and Exhibits
Note: Planning Commission Public Hearing Minutes will be forwarded to Council upon completion
SEPA review required? ( X ) Yes ( ) NO
Should Clerk schedule a hearing? ( ) Yes ( Xt ) NO
SEPA review completed? ( X ) Yes ( ) NO
Requested Date:
The Council must hold a hearing if they wuntto change the Planning
Communton's recommendation WCC20.90.051.
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.)
An ordinance amending Whatcom County Code (Title 16) Chapter 16.16, Critical Areas Ordinance and associated
administrative provisions of the Whatcom County Code (Title 20), Zoning Ordinance and Whatcom County Code (Title
2) Chapter 2.33, Permit Review Procedures. The purpose of the revision is to update the existing Critical Areas Ordinance
that regulates wetlands, wildlife habitat conservation areas, geologically hazardous areas, frequently flooded areas and
critical aquifer recharge areas in accordance with the requirements of the Washington State Growth Management Act and
the Whatcom County Comprehensive Plan.
COMMITTEE ACTION.'
COUNCIL ACTION'
Related County Contract #:
Related File Numbers:
Ordinance or Resolution
File 4ZON2004 -00025
Number:
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing
on the County's websiteat: www.eo.whatcom.wa.rrs /council.
SPONSORED BY: _
PROPOSED BY: PDS
INTRODUCTION DATE:
ORDINANCE NO.
AMENDING THE OFFICIAL WHATCOM COUNTY CODE, TITLE 16, CHAPTER 16.16 - CRITICAL
AREAS ORDINANCE AND ASSOCIATED ADMINISTRATIVE PROVISIONS OF WHATCOM
COUNTY CODE, TITLE 20 - ZONING ORDINANCE AND TITLE 2, CHAPTER 2.33 - PERMIT
REVIEW PROCEDURES TO UPDATE THE WHATCOM COUNTY CRITICAL AREAS
ORDINANCE IN ACCORDANCE WITH THE REQUIREMENTS OF THE WASHINGTON STATE
GROWTH MANAGEMENT ACT AND THE WHATCOM COUNTY COMPREHENSIVE PLAN
WHEREAS, the Washington State Legislature passed the Growth Management Act (GMA)
in 1990, requiring counties and cities to adopt comprehensive plans and development regulations
that are consistent with and implement the comprehensive plan; and
WHEREAS, pursuant to RCW 36.70A.060, the Whatcom County Council adopted a
Temporary Critical Areas Ordinance in June 1992 and a permanent Whatcom County Critica /Areas
Ordinance in October 1997 [ORD No. 97 -056]; and
WHEREAS, the GMA, at RCW 36.70A.130(4), requires counties and cities to take action to
review and, if needed, revise their comprehensive plans and development regulations, including
critical areas regulations, to ensure continued compliance with the requirements of the GMA; and
WHEREAS, it is also appropriate to review and update County development regulations,
as needed, to reflect new information and changed conditions; and
WHEREAS, the Whatcom County SEPA Official issued a Determination of Non - significance
(DNS) for the proposed Whatcom County Critical Areas Ordinance update on February 22, 2005;
and
WHEREAS, pursuant to RCW 36.70.390, legal notice was published in the Bellingham
Herald on Monday, March 14, 2005 and Monday, March 21, 2005; and
WHEREAS, the Planning Commission held public hearings on the proposed amendments
on Thursday, March 24, 2005 and on Thursday, March 31, 2005, and considered all testimony; and
WHEREAS, the Planning Commission recommended approval of the proposed text
amendments on Wednesday, April 27, 2005; and
WHEREAS, the Whatcom County Council finds the amendments to be in the best interest of
the public health, safety and welfare; and
WHEREAS, RCW 36.70.795 requires the adoption of findings of fact which justify
Council action; and
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WHEREAS, the County Council has adopted the following Findings and Conclusions:
FINDINGS OF FACT AND CONCLUSIONS
1. The Washington State Legislature passed the Washington State Growth Management Act
(GMA) in 1990 and amended it in 1991, requiring counties and cities to define, identify, and
manage regulated critical areas.
2. Whatcom County adopted a Temporary Critical Areas Ordinance in June 1992 and a
permanent Whatcom County Critical Areas Ordinance in October 1997 [ORD No. 97 -056].
3. Pursuant to RCW 36.70A.130(4), Whatcom County is required to take action to review and
revised their comprehensive plans and development regulations every seven years, if
needed, to ensure continued compliance with the provisions ofthe Growth Management Act
(GMA).
4. The GMA, at RCW 36.70A.130(4)(a), requires Whatcom County to complete review and
evaluation of the Whatcom County Comprehensive Plan and implementing development
regulations on or before December 1, 2004.
5. The Whatcom County Comprehensive Plan projects an increase of approximately 70,000
people, or 41% growth, in Whatcom County by the year 2022. As Whatcom County's
population increases, associated development activities will continue to create greater
challenges for the preservation and protection of Whatcom County's environmental
resources. Without appropriate planning and management, land use activities can create
potential impacts that may threaten both environmental resources and the public welfare.
6. Pursuant to RCW 36.70A.172, Whatcom County shall include the Best Available Science
(BAS) in developing policies and development regulations to protect the functions and
values of critical areas.
7. Comprehensive Plan Policy 11 K -2 states that Whatcom County must develop and adopt
criteria to identify and evaluate wetland functions that meet the Best Available Science
standard and that are consistent with state and federal guidelines.
8. The Whatcom County Best Available Science Record has been prepared by the county's
consultant team lead by Parametrix in consultation with a Technical Advisory Committee and
a Citizens Advisory Committee appointed by the County Executive. The information in the
BAS report provides a scientific basis for the proposed CAO updates and, in some
instances, supports existing provisions of the County code.
9. Pursuant to RCW 36.70A.172, special consideration must be given to the preservation and
enhancement of anadromous fisheries. In accordance with this provision, Whatcom County
has given "special consideration" to conservation and protection measures necessary to
preserve or enhance anadromous fisheries through the CAO update process.
10. Whatcom County Comprehensive Plan, Chapter 11, Action Plan Item 58, states that
Whatcom County must "amend the Critical Areas Ordinance to protect threatened and
endangered species, consistent with RCW 36.70A.172, which calls for giving special
consideration to conservation or protection measures necessary to preserve or enhance
anadromous fisheries, and Department of Ecology rules relating to Best Available Science
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(WAC 365 -195, Part IX) ,
.
11. Pursuant to RCW 36.70A.175, regulated wetlands shall be delineated in accordance with
the Washington State Wetlands Identification and Delineation Manual, (Ecology Publication
96 -94).
12. Pursuant to Whatcom County Comprehensive Plan Policy 11G -10, Whatcom County must
develop and administer regulations and incentives such that there is no net loss of
ecological functions and values of wetlands and fish and wildlife habitats.
13. The 2003 Critica /Areas Assistance Handbook published by the Washington State Office of
Community Trade and Economic Development (CTED) specifies that there must be "no net
loss of structure, value and function of natural systems constituting critical areas."
14. A Citizens Advisory Committee (CAC) has been officially formed for the specific purpose of
assisting Whatcom County Planning & Development Services (PDS) in reviewing and
updating the Whatcom County Critical Areas Ordinance (CAO) and the Whatcom County
Shoreline Management Program (SMP). The purpose of the CAC has been to help focus
discussions and identify key technical and policy issues that are important to the many
diverse interests and perspectives of stakeholder groups in the county.
15. The CAC conducted thirteen open public meetings in 2004 to review and comment on
existing critical area regulations, scientific resource materials, the DRAFT Best Available
Science Record for Whatcom County, and DRAFT updates to the Whatcom County Critical
Areas Ordinance.
16. An official Technical Advisory Committee (TAC) consisting of government and agency
representatives was formed for the specific purpose of assisting Whatcom County PDS in
the review and update of the Whatcom County CAO and SMP. The purpose of the TAC has
been to help focus technical discussions, identify and verify sources of best available
science, and identify key technical and policy issues that are important to the many agencies
and governments in Whatcom County.
17, The TAC conducted ten open public meetings in 2004 to review and comment on
information presented in the Whatcom County Critical Areas Ordinance Update Best
Available Science Record and the draft CAD amendments. The TAC has provided
agency /governmental technical and regulatory expertise and has added to the existing
knowledge base in the county by contributing scientific information to the Whatcom County
BAS review.
18. Whatcom County PDS hosted CAO /SMP publicworkshops and expert panel discussions on
September 30 and October 6, 2004 to inform interested citizens of the intent, scope, and
status of the CAO /SMP update processes, as well as obtain preliminary public comments
and questions.
19. The public was invited to comment on the February 4, 2005 public review draft of the CAO
and was provided a 30 -day timeframe in which to submit comments and /or proposed
changes.
20. Public workshops were held on February 15 and 16, 2005 to introduce and discuss
important changes and additions presented in the February 4, 2005 draft Critical Areas
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Ordinance. Public comments, questions and concerns received at these workshops were
recorded and addressed in the subsequent draft CAO as appropriate.
21. Additional public education and involvement opportunities included the 2004 Birch Bay and
Bellingham Marine Shoreline Stewardship Workshops, and the 2005 Whatcom County
Home & Garden Show.
22. Whatcom County staff held meetings with andiorgave presentationsto several stakeholder
groups, including the Washington Dairy Federation, Washington Farm Bureau, Building
Industry Association of Whatcom County, Nooksack Recovery Team (NRT), Whatcom
County Association of Realtors, Marine Resources Committee, Whatcom County Agriculture
Advisory Committee, and the Environmental Community.
23. A letter of support for agricultural provisions in the proposed CAO update was provided from
the Whatcom County Agricultural Advisory Committee (Appendix F).
24, The Whatcom County SEPA Official issued a determination of non - significance under the
State Environmental Policy Act on the proposed Whatcom County Critica /Areas Ordinance
update on February 22, 2005,
25. Pursuant to RCW 36.70.590, legal notice for a Planning Commission public hearing was
published in the Bellingham Herald on March 14 and March 21, 2005.
26, The Whatcom County Planning Commission held public hearings on March 24 and March
31, 2005 and all testimony was considered.
27. The proposed amendments to WCC Chapter 16.16 — Critical Areas, attached as Exhibit 1,
are generally consistent with and implement the goals, policies, and requirements of the
Washington State Growth Management Act, Whatcom County Comprehensive Plan, and
County-wide Planning Policies.
28. The proposed amendments to WCC Chapter 2.33 - Permit Review Procedures; Chapter
20.88 — MajorProject Permits; and Chapter 20.92 — Hearing Examiner, attached as Exhibit
2, are necessary to clarify administrative authority and procedures for CAO implementation,
as well as provide internal regulatory consistency.
29. The Chuckanut Corridor map, attached as Exhibit 3, is necessary to officially recognize the
last remaining wildlife corridor area in the Puget Trough where natural land cover extends
from marine waters to the National Forest Boundary east of Chuckanut Mountain which has
been identified as such through an eco- regional assessment prepared by the Washington
State Department of Fish and Wildlife.
30. The proposed amendments updating the official Whatcom County Critica/Areas Ordinance
are necessary to maintain continued compliance under the Growth Management Act (GMA).
31. The proposed amendments contribute to the preservation of the public health, safety, and
welfare of the citizens of Whatcom County.
NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that:
Section 1: Whatcom County Code, Title 16, Chapter 16.16, Critical Areas is hereby amended as
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indicated in Exhibit 1 of this ordinance.
Section 2: Whatcom County Code, Title 2, Chapter 2.33, Permit Review Procedures and
Whatcom County Code, Title 20, Chapters 20.88, Major Project Permits and 20.92,
Hearing Examiner are hereby amended as indicated in Exhibit 2 of this ordinance.
ADOPTED this _ day of
ATTEST:
Dana Brown - Davis,
Clerk of the Council
APPROVED as to form
Civil, uty D /. cutor
/a7« itt Fl ti^lr a
2005.
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Laurie Caskey- Schreiber, Council Chair
() Approved () Denied
Pete Kremen, County Executive
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