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Home My WebLink Aboutord2003-021fFH4TCOM COUNTY COUNCIL AGENDA BILL NO. 2003 -103 CLEARANCES Initial Date Date Reserved in Council 0 tee Amain Date Assi salts: Originator: Kraig Olason ADS hf Services 02114103 �L r �i� li �1. F- FEB 8 2001 02125103 Introduction Division Head: Sylvia Goodwn st District Court 3/11/03 Planning and Development / Counc - Dept. Head: Hal H. Hart, A.7 CP. y C'J Examiner Prosecutor: Karen Frakes f COUNCIL ACTION TAKEN: 2003-103 2/2512003: introduced 311112003: Adopted 7 -0, Ord. #2003-021 Nnehash 12ludget.. FIa[H. Hart, A.LC. P. prosecutor Rremmve: Peter Bremen orks .....� ..,..uun.c to cnunhe me Spam rrnmcom Lmtnry zoning text, amending Chapter 20.36, the Rural District. ATT.9CHMENTS: (1) Proposed Ordinance (2) Agency Report with Attached Text (3) Staff Report Planning Commission Minutes SEPA review required? ( x )Yes; ( ) NO SEPA review completed? ( x ) Yes ( ) NO Should Clerk schedule a hearing? ( ) Yes 1 ( x ) NO Requested Date: The Council must hold a hearing llithey want to change the Planning Commission's recommendation (WCC20.90.051). SUMMARYSTA TEMENT: The request is to amend the Official Zoniug Text, Chapter 20.36 (WCC), Rural District, which would add a new provision to section 20.36.135, Administrative Uses. This addition would allow the sale of pre- existing multi farmworker housing from the remaining farmland under certain Distribution Request Indicate those who should rece/ve o copy after Council action. Lib specific names to the right. ADS Facilities Management ADS OS Finance ADS Human Resources ADS hf Services Assessor Auditor Cooperative Extension District Court Executive H3Sheriff lh Examiner Jail COUNCIL ACTION TAKEN: 2003-103 2/2512003: introduced 311112003: Adopted 7 -0, Ord. #2003-021 FIa[H. Hart, A.LC. P. prosecutor orks Superior Court Related County Contract # : Treasurer Omer Related File Numbers: (File #ZON2002- 00003, Amend Rural 20.36.135). Ordinance or Re olu6 Number I (this item): � * Try% n'j C SPONSORED BY: PDS PROPOSED BY: PDS INTRODUCTION DATE: 2/25/03 ORDINANCE NO. 2003 -021 AMENDING THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, TITLE 20, TO ADD NEW TEXT TO THE RURAL DISTRICT, CHAPTER 20.36 TO ALLOW FOR THE TRANSFER OF MULTIFAMILY FARMWORKER HOUSING SEPARATE OF THE FARMLAND WHEREAS, Pursuant to WCC 20.90.053, proposed zoning text amendments shall be considered generally in the order they are received ; and WHEREAS, A determination of non - significance was issued under the State Environmental Policy Act (SEPA) on September 30, 2002; and WHEREAS, Pursuant to RCW 36.70.390, legal notice was published in the Bellingham Herald on, October 31, 2002; and WHEREAS, The Planning Commission held a public hearing on the proposed amendments on Thursday, November 7, 2002, and considered all testimony, extended deliberations to January 23,2003;and WHEREAS, The Planning Commission recommended approval of the proposed text amendment on January 23, 2003. WHEREAS, the Whatcom County Council finds this text amendment in the best interest of the public health, safety and welfare, based on the Whatcom County Planning Commission's Findings of Fact, Reasons for Action and Recommendations, attached as Exhibit 2. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Official Whatcom County Zoning Ordinance be amended as shown on Exhibit 1. 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. ADOPTED this 11 day of March 2003. Dana Brown- Davis, Clerk of the Council APPRO7/ED al..Io form Karen Frakes, Civil Deputy Prosecutor WHATCOM COUNTY COUNCIL Page 1 1. Chapter 20.38 amended text. EXHIBIT 1 New language under administrative approval 20 36 135 Pre - existing multi - family farmworker housing exemption EXHIBIT 2 WHATCOM COUNTY PLANNING COMMISSION FINDINGS OF FACT, REASONS FOR ACTION & RECOMMENDATIONS AMENDING THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, TITLE 20, TO ADD NEW TEXT TO THE RURAL DISTRICT, CHAPTER 20.36 TO ALLOW FOR THE TRANSFER OF MULTIFAMILY FARMWORKER HOUSING SEPARATE OF THE FARMLAND WHEREAS, Pursuant to WCC 20.90, proposed zoning text amendments shall be considered ; and WHEREAS, A determination of non - significance was issued under the State Environmental Policy Act (SEPA) on September 30, 2002; and WHEREAS, Pursuant to RCW 36.70.390, legal notice was published in the Bellingham Herald on, October 31, 2002; and WHEREAS, The Planning Commission held a public hearing on the proposed amendments on Thursday, November 7, 2002, and considered all testimony, extended deliberations to January 23, 2003; and WHEREAS, The Planning Commission recommended approval of the proposed text amendment on January 23, 2003. NOW THEREFORE BE IT RESOLVED: THE PLANNING COMMISSION ENTERS THE FOLLOWING FINDINGS OF FACT, REASONS FOR ACTION AND RECOMMENDATION: I. FINDINGS OF FACT AND REASONS FOR ACTION 1. Notice of the Planning Commission hearing for the subject amendment was published in the Bellingham Herald October 31, 2002. 2. The Planning Commission held a public hearing on the subject amendment on November 21, 2002. 3. A determination of non - significance under the State Environmental Policy Act (SEPA) was made on September 30, 2002, prior to review of the amendment by the Planning Commission. 4. The proposal enhances farmworker housing opportunities in Whatcom County by allowing projects that comply with the proposed exemption provisions to be sold to not - for- profit agencies that specialize in managing low income housing. This option to sell improves the likelihood that farmworker housing facilities will be well maintained and continue to be available to farmworker well into the future. EXHIBIT 2 5. The proposal complies with Whatcom County Comprehensive Plan, specifically Goal 3D and Policies 3D -1 through 3D -3 of the Housing Chapter. 6, Whatcom County's Agricultural Advisory Committee has identified the need to provide farmworker housing opportunities in their Longterm Work Plan, Goal 7, A. 7. The original concept behind the establishment of farmworker housing was that the number of units was based on the total acres of the farm and that the farmworkers were all needed on that farm. Increasingly, farmers are growing a wider number of specialty crops. Many of these crops require hand work of limited duration. Many of the smaller farms rely on workers that may find work on several different farms throughout the year. 8. Given the current volatility of agricultural markets, it is likely that an individual farm enterprise may not last the life of a multifamily farmworker structure. 9. The current code forbids the sale for the multifamily development separate from the remaining farmland. In the case of at least one multifamily farmworker development, where the remaining farmland was sold to another farmer who didn't want the farmworker housing development, permanent nonconformity has been created. 10. Exemption provisions as included in the amendment proposal ensure that eligible projects meet all building, health, safety and landuse requirements in effect at the time of construction. II. CONCLUSION AND RECOMMENDATION 1. The proposed amendment does not conflict with the planning goals of the Growth Management Act (RCW 36.70A.020). 2. The subject amendment is consistent with the Whatcom County Comprehensive Plan. 3. The amendment would retain existing quality multifamily farmworker housing stock and the conditions of the exemption ensure that all eligible projects comply with all building, health, and safety requirements in effect at the time of construction. WHATCOM COUNTY PLANNING COMMISSION Qla:tl — Dave Pros, Chairperson Date NO ctio!1*16! Vote taken January 23 2003 at a regularly scheduled Planning Commission meeting EXHIBIT 2 Commissioners voting: ROBERT WIESEN, DAVE PROS, RON ROOSMA, JOHN STEENSMA, DAVID HUNTER AND GEOFF MENZIES. Ayes: 5 Nays: 1 , Motion carried to adopt the above Findings of Fact and Reasons for Action and Recommendations. Attachments: 1. Chapter 20.38 amended text. EXHIBIT 1 New language under administrative approval 20.36.135 Pre - existing multi - family farmworker housing exemption