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Home My WebLink Aboutord2006-005WHATCOM COUNTY COUNCIL AGENDA BILL NO, 2006 -056 CLEARANCES Initial Date Date Received in Council Office Agenda Date Assigned to: 12121105 1117106 Introduction Originator: Mall Aam ol r =' r. r• , -= 6 °., =i -' �� -= C CJ� &D /Council Division Head: Troy 21'OS 1131106 Holbrook L� IQ a -zh� Dept. Head: Hal Harr 0 2RUnG !;`, Itl 1 UU lJ Prosecutor: Roce Buckinham - -�S �1. ``,!`, i'i r) C'` (1 ;. 01; ,";T ` Purchasin /Bud et: : i_ Executive: Pete Kremen TITLE OF DOCUMENT: Amend the definitions of standard map amendment, site - specific rezone, and concomitant rezone in section 20.90.020 of the Official Whatcom County Zoning Ordinance. ATTACHMENTS: (1) Proposed ordinance (2) Planning Commission Findings of Fact & Reasons for Action, Conclusion and Recommendations (3) Draft Planning Commission minutes Note: Background materials are available or review at the County Council office. SEPA review required? ( ) Yes ( x ) NO Should Clerk schedule a hearing ? ( ) Yes ( x ) NO SEPA review completed? ( ) Yes ( x ) NO Requested Date: 1 A hearing must be held if the Council changes the Planning Commission recommendation CC20.90.05I. SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: Chapter 20.90 of the Official Whatcom County Zoning Ordinance contains definitions, procedures and criteria for rezoning property. The proposal is to amend the definitions of standard map amendment, site - specific rezone, and concomitant rezone found in chapter 20.90 of the Official Whatcom County Zoning Ordinance. COMMITTEE ACTION: COUNCIL ACTION. 1/17/2006: Introduced 1/31/06: P &D Committee voted to forward to 1/31/06: Council adopted the ordinance. Council for approval. 6 -0 with Nelson absent. Ordinance 2006 -005 Related County Contract #: Related File Numbers: Ordinance or Resolution Number: Ord 2006 -005 Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing on the County's website at: www.co.whatcom.wa.us /council. 12 -21 -05 SPONSORED BY: Consent PROPOSED BY: Planning INTRODUCTION DATE: 1/17/06 ORDINANCE # 2006 -005 ADOPTING AMENDMENTS TO REZONE DEFINITIONS IN THE ZONING ORDINANCE WHEREAS, Definitions in the chapter of the Zoning Ordinance relating to rezoning property need to be modified; and WHEREAS, Legal notice was published in the Bellingham Herald; and WHEREAS, The Planning Commission held a public hearing on the proposal; and WHEREAS, The Planning Commission has evaluated the proposed amendments and issued Findings of Fact & Reasons for Action, Conclusions and Recommendations; and WHEREAS, the County Council has considered the Planning Commission's Findings of Fact & Reasons for Action, Conclusions and Recommendations. The Council makes the following findings of fact and conclusions: FINDINGS OF FACT Notice of the subject amendment was sent to the Department of Community, Trade and Economic Development (CTED) and other state agencies, on August 3, 2005. Notice of the Planning Commission hearing for the subject amendment was published in the Bellingham Herald on November 4, 2005. Notice of the Planning Commission hearing for the subject amendment was posted on the County's website on November 4, 2005. 4. In an e -mail of July 11, 2005, the Whatcom County SEPA Official stated:" I have determined that the subject proposed zoning text amendments are procedural in nature and therefore exempt from the requirements of SEPA pursuant to WAC 197 -11- 800(19)." The Planning Commission held a public hearing relating to the subject amendment on November 17, 2005. 6. Whatcom County Comprehensive Plan Goal 2D is to "Refine the regulatory system to ensure accomplishment of desired land use goals in a fair and equitable manner." P. 1 Chapter 20.90 of the Official Whatcom County Zoning Ordinance contains definitions, procedures and criteria for rezoning property. Section 20.90.020 defines different types of rezones. These include standard map amendments, site specific rezones and concomitant rezones. 8. The current definition of "standard map amendment" omits situations where there is an application to rezone a single parcel or multiple parcels under a single ownership. The proposed change to the definition of "standard map amendment" is intended to ensure that it covers all the possible rezone application types. 9. The definition of "site specific rezone" should include text that an application does not qualify as a site specific rezone if a Comprehensive Plan amendment is required. This requirement already exists in WCC 20.90.063(1) and inserting it in the definition of "site specific rezone" would bring internal consistency in the zoning code. 10. The current definition of a "concomitant rezone" states that it is a type of site specific rezone where conditions are imposed. However, the County should be able to place conditions upon both site specific rezones and standard map amendments. Therefore, the definition of "concomitant rezone" should be amended so that its applicability is not limited to site specific rezones, but also includes standard map amendment rezones. CONCLUSION The subject amendment is consistent with the Whatcom County Comprehensive Plan and serves the public interest. P. 2 NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Official Whatcom County Zoning Ordinance (Title 20) is hereby amended as shown on Exhibit A. Section 2. Adjudication of invalidity of any of the sections, clauses, or provisions of this ordinance shall not affect or impair the validity of the ordinance as a whole or any part thereof other than the part so declared to be invalid. ADOPTED this 31 day of January 2006 N T i �� WHATCOM COUNTY COUNCIL A A'50 �,� WHATCOM COUNTY, WASHINGTON C!• OF W 00 N1 10, • • r �► ;•• DyBrowrr aMls, Co*tcil Clerk Laurie Caskey- Schreiber, Council Chair APPROVED as to form: Civil4l e`P ecutor XJ:�3 4L-� P. 3 ( )Approv ed O D Hied Pete Kremen, Executive Date: Exhibit A 20.90.020 Types of zoning amendments defined. (1) "Standard map amendment' means a proposed change or revision to the official county zoning map that affects a single parcel or a number of properties under a single or various ownerships. A standard faap amendment is generally eempr-ehensive in nature, deals eeun4y, sueh as subarea plans. (a) Rezone agreements may be required if, from the facts presented, and the findings, report and recommendations of the planning commission as required by this chapter, the council determines that the public health, safety and general welfare will be best served by a proposed change of zone. The council may indicate its general approval, in principle, of the proposed rezoning by the adoption of a "resolution of intent to rezone" the area involved. This resolution shall include any conditions, stipulations or limitations which the council may feel necessary to require in the public interest as a prerequisite to final action. The fulfillment of all conditions, stipulations and limitations contained in said resolution, on the part of the applicant(s), shall make such a resolution a binding commitment on the council. Such a resolution shall not be used to justify spot zoning, to create unauthorized zoning categories by excluding uses otherwise permitted in the proposed zoning, or by imposing setback, area coverage restrictions not specified in the code for the zoning classification, or as a substitute for a variance. Upon completion of compliance action by the applicant, the council shall, by ordinance, adopt such rezoning. The failure of the applicant to meet any or all conditions, stipulations or limitations contained in the resolution, including the time limit placed in the resolution, shall render the resolution of intent to rezone null and void, unless an extension is granted by the council upon recommendation of the planning commission. The time limitations shall be one year. The council may grant up to five one -year extensions, based on demonstration of hardship or significant progress toward completion, after which the resolution becomes null and void if all conditions, stipulations and limitations have not been met by the applicant. (2) "Site- specific rezone" means a proposed change or revision to the official county zoning map affecting a limited number of acres and must be composed of a single parcel or contiguous parcels that are under one or a limited number of ownerships and are requested to allow a specific project not allowed under the current zoning designation. A rezone that requires a comprehensive plan amendment does not qualify as a site - specific rezone (3) "Concomitant rezone" is a standard map amendment or site - specific rezone which uses a concomitant agreement to impose conditions on, or limitations on uses and may also require performance by the applicant(s) which is /are directly related to mitigation ofprobable on- and off -site impacts to adjacent uses, public services and the environment. The agreement may ahaply be in the form of a covenant running with the land. The provisions of the agreement will be in addition to all other pertinent Whatcom County Code requirements. (4) "Text amendments" means a proposed change or revision in the text of WCC Title 20, the zoning ordinance. (Ord. 2004 -007 § 1, 2004; Ord. 2000 -016 § 1). P. 4