Loading...
HomeMy WebLinkAboutord2005-0171171ATCOM COUNTY COUNCIL AGENDA BILL NO. 2004 -341 CLEARANCES initial Date Date Received in Council Office Agenda Date Ass' ned on Originator: Troy Holbrook q -YJQ / 1 9/28/04 Council Introduction ry - �{7 2 1 Li ^0I �T t° °�"t7UadTY 10/26/2004 Division Head: di We Goodwin - P&D / Council Dept. Head: Hal Harr -I - 11/23/2004 Public Hearing Prosecutor: Karen£rakes r Purenasing/Budger. e.,eeadve: Pete Kremer SUBJECT: Proposed amendments to the Whalcoin County Comprehensive Plan, Chapter 2 -Land Use, City of Bellingham Urban Growth Area ATTACHMENTS: (1) Proposed ordinance (2) Planning Commission Findings ofPact sk Reasons forAction, Conclusions, and Recommendations (3) Staff report andproposed amendments (4) Draft Plannin Commission minutes SERA review required? ( x ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes ( z) NO SEPA review completed? ( x ) Yes ( ) NO Requested Date: I A hearing must be held pose Council changes the Planning Connuesion recommendation (WCC 20.10.110. SUMMARY STATEMENT: Distribution Request pursuant to RCW 36.70A. 130, Whatcom County is required to review and revise its comprehensive plan, as needed, by December 1, 2004. The proposed amendments constitute Whatcom County's 7 -year review and update of n copy der Council nnton. lodtspe inure who should right List sveorTu names to the right. ADS Fa rues management sections of the Whatcom County Comprehensive Plan, Chapter 2 - Land Use, related to the City of Bellingham UGA. The amendments require review of ADS Finance UGAs every seven years; clarify use of "net developable" densities; update the ADS Human Resources Bellingham background section; add policies to coordinate Lake Whatcom ADS Info Se,viees protection and designate TDR receiving areas in Bellingham; update policy 2T- Assessor 5 regarding the interlocal agreement between the City of Bellingham and the Auditor Cooperative extension County; and add policies to address UGA zoning, development regulations, District Court project review, services and annexation. Executive Note: The subject proposal is one of a number of comprehensive plan Heabh Hearing Erammer amendments initiated this year. These amendments must be considered Jail 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. COUNCIL ACTION TAKEN: Juvenile Parks 9/28/2004: Introduced. Planning Hal Hart 10/26/2004: Committee amended 6 recommended approval to full Council. Prosecutor 10/26/2004: Council amended, public hearing to be held. Public Works 11/23/2004: Forwarded to concurrency Sheriff 1/25/2005: Adopted 7 -0, Ord. #2005 -017 suvedar Court Treasurer Related County Contract q: Other Ordinance or Resolution Number Related File Numbers: CMP2004 -00002 (His item): Ord. #2005 -017 SPONSORED BY: pRG PROPOSED BY: PDS INTRODUCTION DATE: 9/28/04 ORDINANCE NO. 2005 -017 AMENDING THE OFFICIAL WHATCOM COUNTY COMPREHENSIVE PLAN, CHAPTER 2 - LAND USE, TO UPDATE SECTIONS RELATING TO THE CITY OF BELLINGHAM 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 W hatcom 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 Bellingham 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 consistentwith the requirements of the Growth Management Act (GMA). 9. Pursuant to RCW 36.70A. 130(4)(a) the county and cities are also required to review and 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 Bellingham 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 Urban Fringe Subarea Plan was adopted in September 1997, establishing land use policies, zoning designations and the current UGA Boundary. 17. The City of Bellingham has completed eight annexations since the adoption of the Urban Fringe Subarea Plan. 18. The entire Bellingham UGA is classified as a Short term Planning Area. Page 2 19. The 20 -year population growth forecast estimates that 31,600 additional residents for Bellingham and the UGA by the year 2022. 20. On December 12, 1997, Whatcom County and the City of Bellingham entered into an interlocal agreement addressing most of the topics enumerated in the Policy 2T -5 of the Whatcom County Comprehensive Plan. 21. With the increasing population and additional development, additional topics that should be addressed in an amended interlocal; agreement have been identified. 22. Whatcom County has established a Watershed Resource Overlay zone for all areas of the UGA within the Lake Whatcom watershed. 23. It is in the best interests of both Whatcom County and the City of Bellingham to assure the coordinated extension of urban services. 24. It is in the best interests of both Whatcom County and the City of Bellingham to apply City development standards and encourage annexation with the extension of utilities. 25. There are areas within the Bellingham UGA thatare zoned Urban Residential (UR3)and Rural Residential 2(RR2). These zoning designations are to be considered prior to, or in conjunction with, the update of the Bellingham Urban Fringe Subarea Plan. Page 3 NOW, THEREFORE, BE IT ORDAINED by the W hatcom 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. ..J.., �, / /y/ ,, -- Karen Frakes, Civil Deputy Prosecutor uary 2005 WHATCOM COUNTY COUNCIL WHATCOM COUNTY, WASHINGTON Date: r/ —oc 0 -0 5 Page 4 Council hair Urban Growth Areas EXHIBIT A Comprehensive Plan text amendments recommended by County Council on October 26, 2004 are shown in double str keshpough and double underline text. WHATCOM COUNTY COMPREHENSIVE PLAN, Chapter 2 — Land Use (from pages 2 -18, 2 -19, and 2 -22 to 2 -46 of the Whatcom County Comprehensive Plan) GOal 2P: Encourage 12FOOF AltimS smah av Bellingham to establish new residential developments at densities averaging six to twelve units per net residential acre: encourage "d Ferndale to establish new residential developments at densities averaging six to eight units per net residential acre; encourage Lynden to establish new residential developments at densities averaging five to eight Bevan units per net residential acre; and encourage remaining smaller cities and Unincorporated Residential /Recreational Urban Growth Areas not associated with a City to establish new residential development at average densities of four units per net residential acre, while respecting unique characteristics associated with each city. GOAL 2R: Ensure adequate land supply is provided to accommodate twenty years of growth within urban areas. Policy 2R -1: Review urban growth areas for all jurisdictions at least every five seven years or in accordance with adopted policies in city comprehensive plans. Bellingham Street UGA. Together, these areas make up approximately 7,180 acres. Background Since 1980 to the present, the city planning area — including the it's UGA — has nearly doubled to over 24.000 acres: the Population has nearly doubled, to over 80,000 residents: and the annual population growth has more than doubled, to about 1.800 people Per year. Between 1990 and 2000, Whatcom County grew by 39.000 People, or 30 %. During that same Period of time. the City and its UGA grew by 18.900 (32 %). Bellingham and its UGA received 48.5% of Urban Growth Areas 2004 - Environmental Impact Statement (EIS) EXHIBIT A GOAL 2T: Evaluate every seven years or as necessary SeRan- Urban - Growth Area for Bellingham's Urban Growth Area to determine if the UGA which is sufficient in size to accommodate twenty year growth, provide an adequate supply of affordable housing, industrial, commercial and recreational development, and recognize historical development patterns and commitments for service. Policy 2T -1: Establish ad periodically update procedures for igint citycity /c revie 4Ldevelopment 715 in the UGA prior to annexation. Policy 2T -2: Work with Bellingham to identify and establish a system of neighborhood parks greenbelts and open space to serve the urban growth area as it develops. Policy 2T -3: Establish an agreement with Bellingham to share costs of and revenues from required improvements within the UGA. Policy 2T -4: Review land supply analysis and set consider appropriate urban growth area boundaries consistent with the Growth Management Act. Bellingham Comprehensive Plan, County Comprehensive Plan, County -wide Planning Policies and the Urban Fringe Subarea Plan. Policy 2T -5: Review and update the Negotiate and 8dgPt aR interlocal agreement with Bellingham, as needed, to provide which- prevides for: outside the 8119A T-9FFR PlaRn Rg AcFea6 of the UGA • timing and Provision of utility services and other urban services • timing of annexations • revenue sharing formulas prior to and after annexation • development standards and regulations 3 Urban Growth Areas EXHIBIT A development 0 oint City/County review of op Watershed affordable housing transfer of development rights within the City of Bellingham w 11 be pa d to timing and pFeGed6lFe6 far rev eW Gf adequate land 6upply Policy 2T-6: Whatcom County and Bellingham should continue to coordinate Protection and development within the Lake Whatcom Resource Protection Area UGA. Des gnate all areas w th n Bell ngham's Policy 2T -8: The City and Whatcom County should designate appropriate zoning and residential densities in Bellingham's UGA consistent with Whatcom Urban Growth Areas EXHIBIT A County's Comprehensive Plan and Bellingham's Comprehensive Plan as amended. create unincorporated islands. WHATCOM COUNTY COMPREHENSIVE PLAN, Chapter 2 — LAND USE ACTION PLAN (from pages 2 -110 TO 2 -112 of the Whatcom County Comprehensive Plan) Urban Growth Areas 19. Using the Growth Management Oversight Committee, develop a cooperative approach to Geographic Information System use with all the cities and interested special districts which may include regular user meetings, cooperative funding, and data needs. 20. Work with the City of Blaine to establish a pro act review process for development within Blaine's UGA that ensures consistency with Blaine's Comprehensive Plan and development regulations and standards. 24- 22. Develop a time frame and process to re- examine the Blaine aad- 0 FGh -Bay UGA boundaries when water supply and sewer issues have been clearly resolved. 22-. 23. Work with the City of Blaine to develop an appropriate level of regulation to adequately protect the Drayton Harbor watershed. Cooperate with the City in enforcing these regulations. 23-. 24. Work with all cities to ensure limitation of development in floodplains within their UGAs. 24 25. Establish a time frame and process to work with the City of Everson and land owners to develop an environmentally safe plan to facilitate conversion of mineral resource lands adjacent to Everson to urban or rural land uses. 2& 26. Work with Blaine, Everson, Lynden, Nooksack and Sumas to develop regulations that assure compatibility of uses adjacent to resource lands. Urban Growth Areas EXHIBIT A 26-, 27. Develop a time frame and process to work with cities to make the appropriate changes to urban growth areas boundaries and zoning designations when necessary. 27-. 28. Review and update Adopt and -- maintain interlocal agreements with each city, as necessary , to address that- insk1de: • levels of service within and outside the UGAs • identification of needed improvements and establishment of how they will be funded • development standards within the UGA and review procedures, including wetland and floodplain protection, for development proposals • coordination with the county on greenbelt and open space designations • timing and procedures for review of adequate land supply • consistency with the Coordinated Water System Plan • actions specific to each city and identified in the goals and policies for that city. • extension of water and sewer services within UGAs. • specific development density requirements within annexation proposals. • cities should show evidence of meeting their infill goals as identified in their comprehensive plans. • mitigation agreements for conversion of lands designated on the County Comprehensive Plan map as Resource Lands, with the exception of depleted Mineral Resource Lands. 2& 29. Adopt interlocal agreements with water and sewer districts to assure service to county unincorporated growth areas and limit urban levels of service outside Short Term Planning Areas. 29- 30. Work with the Sudden Valley Community Association to implement the density reduction program. 30-31. Establish on -going communications link with Paradise Lakes and Peaceful Valley Community Associations to work towards mutually beneficial solutions including combined services. 34, 32. Develop a mechanism for addressing neighborhood parks in Bellingham's Urban Growth Area when development occurs prior to annexation. Use the Urban Frinae olannim 59 Urban Growth Areas EXHIBIT A ..�. ffi,Trzxin 0 . - - •u- - - - r-.r.. �... . 32 33. Continue to work with Bellingham and Water District 10 to protect and manage the Lake Whatcom watershed in accordance with the 1998 jointly adopted interlocal agreement. Focus on continued implementation of the 2000 Lake Whatcom Reservoir Management Program, completion of the draft Septic System Plan and proposed stormwater strategy, and a re- examination of the Urbanization Plan. In addition, work with the affected jurisdictions and secure funding for programs. 33: 34. Review and modify (as needed) the current development review process for projects in the Lake Whatcom Watershed to ensure coordination with other jurisdictions. 3435. Establish a provision that prevents density increases from occurring as a result of provision of sewer in the Rural zone in the Lake Whatcom Watershed.