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Home My WebLink Aboutord2005-008IYHATCOM COUNTY COUNCIL AGENDA BILL NO. 2004 -347 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assignedro: Originator: Kraig Olasm' Ko M 1 �= 9 I �q 2 1 2PO4 ('+ �'CI :Yl li �rlfi,9 (`ltd 1 j"k 9/28/04 10/12/04 Council Introduction. Plan & Dev Comm /Cncl. Division Head: Sy6m Goodwin / 7' Dept. Head: Hal Hart Z Prosecutor: Karen Finger Purchasing /Budger. N Executive: Pete Kremen SUBJECT: Proposer! amendments to the Whalcom County Comprehensive Plan, Chapter 2 - Land Use, City cfSumas Urban Growth Area ATTACHMENTS: (1) Proposed ordinance (2) Planning Commission Findings of Fact& Reasonsfor Action, Conclusions, and Recommendations (3) Staff report andproposed amendments (4) Draft Planting Commission minutes SEPA review required? ( x ) Yes ( ) NO SEPA review completed? ( x ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( x') NO Requested Date: ' A hearing must be held if the Council changes the Planning Commission recommendation WCC20.10. I /0. SUMMARY STATEMENT: Pursuant to RCW 36.70A. 130, Whateom County is required to review and revise its comprehensive plan, as needed, by December 1, 2004. The proposed amendments constitute Whateom County's 7 -year review and update of sections of the Whateom County Comprehensive Plan, Chapter 2 -Land Use, related to the City of Somas UGA. The amendments clarify use and calculation of "net developable' densities in the UGA; update Sumas' UGA characterization; and amend Policy 2Z -5 to update information regarding the interlocal agreement between the City of Somas and the County. Note: The subject proposal is one of a number of comprehensive plan amendments initiated this year. These amendments must be considered concurrently by the County Council so that the cumulative effect of the various proposals can be evaluated (RCW 36.70A. 130). Additionally, pursuant to the review schedule established in WCC 20.10.120, final Council action on these amendments should occur on or about November 30. Distribution Request [ndmnre those who should receive n copy per Council action Ind specific name: sh the right. ADS Facilities Management ADS Finance ADS Human Resources ADS Info Services Aswunr Auditor Cooperative Extension District Court Executive Hemth Hearing Examiner Jail COUNCIL ACTION TAKEN: 9/28/2004: Introduced. 10/12/2004 Committee voted to recommend to full Council going forward to concurrency meeting. 10/12/2004: Forwarded to concurrency meeting. 1/25/2005: Adopted 7 -0r Ord. #2005 -008 Juvenile Parks Planning Hat Hart Prosecutor Public Works -sheriff Superior Court Related County Contract N: Treasurer l Other Related File Numbers: CMP2004 -00008 Ordinance or Resolution Number (thisitem): Ord. #2005 -008 SPONSORED BY: PDS PROPOSED BY: PDS INTRODUCTION DATE: 9/28/04 ORDINANCE NO. 2005 -008 AMENDING THE OFFICIAL WHATCOM COUNTY COMPREHENSIVE PLAN, CHAPTER 2 - LAND USE, TO UPDATE SECTIONS RELATING TO THE CITY OF SUMAS URBAN GROWTH AREA, AS NECESSARY, IN ACCORDANCE WITH THE GROWTH MANAGEMENT ACT 7 -YEAR COMPLIANCE REVIEW REQUIREMENT PER RCW 36.70A.130 WHEREAS, the Growth Management Act requires counties and cities to review and, if needed, revise comprehensive plans to ensure continued compliance with the GMA (RCW 36.70A.130); and WHEREAS, it is also appropriate to review the comprehensive plan in light of new information and changed County and City priorities; and WHEREAS, pursuant to RCW 36.70.390, legal notice was published in the Bellingham Herald; and WHEREAS, the Planning Commission held a public hearing on the proposed amendments on July 22, 2004 and held additional work sessions on August 12, 2004 and September 9, 2004; and WHEREAS, the Planning Commission has evaluated the proposed amendments; and WHEREAS, the County Council has considered the Planning Commission's Findings of Fact & Reasons for Action, Conclusions, and Recommendations; and WHEREAS, the Whatcom County Council finds the amendments to be within the interest of the public health, safety and welfare; and WHEREAS, the County Council has adopted the following Findings and Conclusions: FINDINGS AND CONCLUSIONS 1. Notice of the Planning Commission public hearing forthe subject amendments was published in the Bellingham Herald on July 8, 2004. 2. The Whatcom County Planning Commission held a public hearing on July 22, 2004. 3. A determination of Non - significance was issued by the Whatcom County SEPA official on August 30, 2004. 4. State law requires that W hatcom County review its Comprehensive Plan by December 1, 2004 to ensure continued compliance with the Growth Management Act (RCW 36.70A.130). Page 1 5. Pursuant to RCW 36.70A.130, the proposed Comprehensive Plan amendments attached as Exhibit A constitute Whatcom County's seven -year review and update of the official Whatcom County Comprehensive Plan, Chapter 2 — Land Use, Urban Growth Areas (UGAs) sections, relating to the City of Sumas UGA to ensure continued compliance with the GMA and incorporate new information. 6. Pursuant to RCW 36.70A. 040, Whatcom County adopted the Whatcom County Comprehensive Plan on May 20, 1997. 7. Pursuant to RCW 36.70A.110, counties are required to designate urban growth areas within which urban growth will be encouraged and outside of which growth can only occur if it is not urban in nature. 8. Pursuant to RCW 36.70A.130 cities and counties are required to continually review, evaluate, and revise their comprehensive plans and development regulations, if needed, to ensure that the provisions of those plans and regulations are consistent with the requirements of the Growth Management Act (GMA). 9. Pursuant to RCW 36.70A.130(4)(a) the courtyard cities are also required to reviewand revise their comprehensive plans and development regulations, as needed, by December 1, 2004 and every seven years after that. 10. As many of the cities are currently in the process of reviewing and updating their respective comprehensive plans, no amendments are proposed to the boundaries or allowable development densities within the Sumas Urban Growth Area as part of the proposed amendments. Whatcom County will conduct a review and update of urban growth areas, as necessary, in accordance with RCW 36.70A.130(3). 11. Services and utilities are currently available, or are planned to be available, to serve City UGAs. 12. The County has entered into interlocal agreements with all of the Cities regarding annexation and development in the Urban Growth Areas. 13. Updated population projections for the County and Urban Growth Areas have been adopted by Whatcom County. 14, Designated Resource Lands are not being impacted by the proposed amendments to the County Comprehensive Plan as no additions are being proposed to any of the previously adopted city Urban Growth Boundaries. 15. The County anticipates initiating future modifications to current zoning designations within UGAs to ensure that future urban development densities can be achieved. 16. The City of Sumas adopted a Comprehensive Plan in 1995 and is currently working on an update which has been distributed for agency review on June 30, 2004. Final adoption is anticipated prior to the end of 2004. 17. The City of Sumas and Whatcom County entered into an interlocal agreement regarding annexation and development within the Sumas Urban Growth Area in 1999. Page 2 18. Whatcom County adopted interim Short Term Planning Area zoning map overlays for various UGAs including one for Sumas in 1997. 19. Sumas annexed their designated short-term UGA in 1999. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Official Whatcom County Comprehensive Plan be amended as shown in Exhibit A. Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of the Comprehensive Plan shall not affect or impair the validity of the plan as a whole or any part thereof other than the part so declared to be invalid. 1apTi r gy_ day of January , 2005 Karen Frakes, Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON �. E� .� -s Laurie Caskey- Schreiber, Council Chair ( pproved ( ) Denied Pete- Kremen, Executive Date: 615, O Page 3 of Sumas Urban Growth Area EXHIBIT A WHATCOM COUNTY COMPREHENSIVE PLAN, Chapter 2 — Land Use (from pages 2 -44 to 2 -45 of the Whatcom County Comprehensive Plan) Sumas County goals encourage Sumas to develop residentially zoned areas average net densities at four units per net developable Fes .�. dent ally zoned acre. Typically, calculating net developable acreage would subtract all land within the floodplain, in addition to other limiting factors, such as wetlands and other critical areas and land the needed for open space utilities, infrastructure, and rights -of -way. The urban growth area for Sumas is intended to provide sufficient land area to accommodate growth, provide ample industrial development opportunities, and provide enough upland acres to discourage residential development on flood prone areas. A consideration in setting the Sumas Urban Growth Area has been the limited number of property owners included in the urban growth area. A smaller area would have resulted in two or three property owners controlling most of the land in the UGA; thus, creating an undesirable monopolistic situation. Areas included in the UGA - (Map UGA -7) South Approximately 177 acres large -area of F^. dAnti ^' ^''^ land is are located to the south of Sumas. This area is located outside the floodplain and is predominately in agricultural use. It is one of only two areas available to Sumas with any upland area to accommodate future residential growth. GOAL 2Z: Set an Urban Growth Boundary for Sumas which accommodates future growth needs and recognizes the unique constraints imposed by flooding of the Sumas River and the Nooksack River. Policy 2Z -1: Ensure Sumas can provide adequate urban services within the urban growth area. Policy 2Z -2: Work with Sumas to adopt measures to nveid limit development in floodplains. Policy 2Z -3: Encourage Sumas to increase densities for areas located outside the floodplain. of Sumas Urban Growth Area EXHIBIT A Policy 2Z-4: Avoid new land uses that are an identified threat to groundwater quality within the delineated wellhead protection area of the Sumas City wellfield and May Road wellfield. Policy 2Z -5: Review and update the Plegeti ate - and - adopt -an interlocal agreement with Sumac as needed to provide which - provides for: • restriction of extension of urban levels of service to urban uses outside the Short Term Planning Areas of the urban growth areas Feyenue ehar nn formulas 1pypls of RARE npwthR the I IGA • identification of needed improvements and establishment of how they will be paid for land use and zoning designations and density levels of dleyelepmeR within the UGA timing and procedures to be used for during review of adequate adequacy —Gland supply ;n - the yea QQDO and at c yeaF RteR,a.° thc/c°macroffe • consistency with the Coordinated Water System Plan Y LaRsfeFF R9 deRSit'as from r of the iRte weas : 1 A O county Jeeksasl�- ecihe-I GA • protection of groundwater quality within the wellhead protection areas of the Sumas wellfields re- examination of the densities outside the floodplain to see if they can be increased • long term measures to assure compatibility with resource lands