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HomeMy WebLinkAboutord2003-039WHATCOMCOUNTY COUNCIL AGENDA BILL NO. 2003 - 227 CLEARANCES Dale Date Received in Council Office Agenda Date Assigned To Ong. Dept'. County Council 6/4/2003 6/17/2003 Introduction Division Head'. 7/8/03 Hearing Dept. Head: Prosecutor: 4 Budget. Executive: SUBJECT: Ordinance amending WCC 2.33 and Title 20 regarding notification requirements ATTACHMENTS SLMMARYSTATEMENT: Related County Contract #_ Should the Clerk schedule a hewing? (Y /W)Y Requested Date: 7/8/2003 This ordinance will amend Whatcom County Code 2.33 and Whatcom County Code Title 20, various chapters, to add and clarify language relating to notification requirements for land use applications. RECOMMENDED MOTION (for final action): COUNCIL ACTION TAKEN 2003 -227 6117/2003: Introduced 7/8/2003: Adopted 7 -0, Ord. 42003 -039 Related File Numbers: Ordinance or Resolution Number (this item only): oRp 2003 .039 land use application notification ordinance.402 SPONSORED BY: CONSENT PROPOSED BY: CASKEY - SCHREIBER INTRODUCTION DATE: JUNE 17, 2003 ORDINANCE NO. 2003 -039 AMENDING WHATCOM COUNTY CODE CHAPTER 2.33 AND WHATCOM COUNTY CODE TITLE 20, VARIOUS CHAPTERS, TO ADD AND CLARIFY LANGUAGE RELATING TO NOTIFICATION REQUIREMENTS FOR LAND USE APPLICATIONS WHEREAS, increased development activity in all parts of Whatcom County has increased the demand for rezones, comprehensive plan amendments, and other land use permit applications; and WHEREAS, land use application notification requirements have become a major concern for many citizens of Whatcom County; and WHEREAS, in order to ensure adequate public involvement in the permitting process, it is important to clarify and revise current notification requirements; and WHEREAS, the Whatcom County Planning and Development Services Department currently requires that notice of permit application be sent to all property owners within 300 feet of the property boundaries of a proposed site; and WHEREAS, it is in the best of interest of the public to expand this notice requirement to include property owners within 1000 feet of the property boundaries when a proposed site change is outside the urban growth area boundaries for cities in Whatcom County; and WHEREAS, this amended notice requirement will alert a greater number of citizens to proposed changes in land use designations and planned projects, allowing for greater public participation in the county's decision making process. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that Whatcom County Code Chapter 2.33 and Whatcom County Code Title 20, various chapters, are amended as indicated in Exhibit A to this ordinance. APPROVED this 8 day of JULY , 2003. ATT WH COM COUNTY COUNCIL 2iWH TFOM COUNTY SHINC Dana Brown- Davis, Clerk of the Council Dan McShane, Council Chair APP /R;pVED AS TO ORM: ove ( ) Denied Civil Deputy Prosecutb r Mete Kremer, County Executive Date: % /Lf -!3 EXHIBIT A (NOTIFICATION REQUIREMENTS) WHATCOM COUNTY CODE CHAPTER 2.33 2.33.060 Notice of application for a proposed land use action. A. A notice of application shall be issued for project permit applications within 14 days after a determination of completeness and at least 15 days prior to the open record hearing. B. If the county has made a determination of significance concurrently with notice of application, the determination of significance and scoping notice shall be combined with the notice of application. C. Notice shall include: 1. The date of application, the date of notice of completion for the application, and the date of the notice of application; 2. The date, time, place and type of the hearing, if applicable, and scheduled at the date of notice of the application; 3. A description of the proposed project action and a list of the project permits included in the application, and, if applicable, a list of any studies requested by the county; 4. The identification of other permits not included in the application to the extent known by the county; 5. The identification of existing environmental documents that evaluate the proposed project and, if not otherwise stated on the document providing notice of application, the location where the application and any studies can be reviewed; 6. Any other information determined appropriate by the county; 7. A statement indicating those development regulations that will be used for project mitigation or a determination of consistency if they have been identified at the time of notice; 6. A statement of the limits of the public comment period, the right of any person to comment on the application within a 15 -day time period (30 days for substantial development permits), receive notice of and participate in any hearings, request a copy of the decision once made and to appeal a decision when allowed by law. In addition, the statement shall indicate that any person wishing to receive personal notice of any hearings must notify the hearing examiner's office within 15 days (30 days for substantial development permits) of the date of the notice of application. D. A notice of application shall be issued in the following manner: 1. The notice shall be published once in the official county newspaper. The applicant shall bear the responsibility of paying for such notice; 2. Additional notice shall be given using the following method: a. For sites within urban growth aast At least 12 days prior to the scheduled hean40date, application notice shall be sent: to all property owners within 300 feet of the external boundaries of the subject property as shown by the records of the county assessor. Applicants shall submit, with their completed application, a stamped envelope with a typed address for each of the above referenced property owners. Mai:..:a -^o"^ b. For sites outside urban growth areas; At least 12 days prior to the scheduled hearing date, application notice shall be sent to all property owners within 1000 feet of the external boundaries of the subject property as shown by the records of the county assessor. Applicants shall submit, with their completed application, a stamped envelope with a typed address for each of the above referenced property owners. 3. All cost associated with providing notice shall be paid by the applicant. E. Notices of application should be sent to neighboring cities and other agencies or tribes that will potentially be affected, either directly or indirectly, by the proposed development. (The county shall be responsible for such notification.) F. With the exception of substantial development permit applications, a public comment period shall be 15 days following the date of notice of application. Substantial development permit applications require a 30 -day period. All public comments received on the notice of application must be received in the department of planning and development services by 4:30 p.m. on or before the last day of the comment period. The county may require the applicant to pay the cost of providing notice. G. No SEPA threshold determination shall be issued until the expiration of the public comment period established for the notice of application. This condition shall not apply if a determination of significance is made by the county. H. Public notice given for project permit applications, SEPA documents, project hearings, and appeals hearings as required by this chapter and other provisions of the county code may be combined when practical, where such combined notice will expedite the permit review process, and where provisions applicable to each individual notice are met through the combined notice. (Ord. 96 -031 § 1). 2.33.070 Notice of an open record hearing. A. A notice of open record hearing shall be published by the hearing examiner once in the official county newspaper at least 10 days prior to an open record hearing. The notice shall consist of the date, time, place, and type of the hearing. In addition, personal notice shall be provided to any person who has requested such notice in a timely manner, consistent with W CC 2.33.060.C.8. B. Additional notice shall be given within two days of the published notice by posting of three copies of the notice in a conspicuous manner on the property upon which the use is proposed. (Notices shall be provided by the county. The applicant shall be responsible for posting.) C. An affidavit verifying distribution of the notice must be submitted to the county two working days prior to the open record hearing. D. Notices of an open record hearing should be sent to neighboring cities and other agencies or tribes that will potentially be affected, either directly or indirectly, by the proposed development. The county shall be responsible for such notification. E. All cost associated with providing notice shall be paid by the applicant. (Ord. 96 -031 § 1). WHATCOM COUNTY CODE. TITLE 20 (CHAPTER 20.84 — VARIANCES, CONDITIONAL USES, ADMINISTRATIVE APPROVAL USES AND APPEALS) 20.84.235 Administrative approval uses. (1) The applicant shall submit an administrative approval use application form to the planning and development services department together with all of the following: (a) Documentation of compliance with approval requirements; (b) The filing fee specified in the Unified Fee Schedule; (L.) Tm ^d self adhesive :na 1 ng labels : th the ::.....e.. :.nd.addire.^SeS of sash apepeFty owner RA ^h^°•^ 9A the FeseFd^ Af the ^^• ^' o For sites within urban growth areas: Stamped envelopes with typed addresses for each property owner within 300 feet of the external boundaries of the subject property as shown by the records of the county, assessor (1,000 feet for adult businesses). For sites outside urban growth areas: Stamped envelopes with typed addresses for each property owner within 1000 feet of the external bounearies of the subject property as shown by the records of the county assessor; (d) Three copies of a site plan at a scale of one inch equals 20 feet for sites that are less than five acres, and one inch equals 40 feet for sites five acres or more (if requested by the applicant, a different scale may be approved by planning and development services). The site plan shall show locations of property boundaries, locations and sizes of structures, vehicular access and parking areas, locations and types of water and sewer services, and locations and types of structures on adjacent properties. (2) Upon receipt of application materials per subsection (1) of this section, the planning and development services department shall send a notice of the proposal to all owners of property within 300 feet of the external boundaries of the subject roperty for sites within urban growth areas. and 1000 feet for properties outside urban grc , and to the applicable city staff and planning commission if the property is within a city's urban growth area, at least 15 days prior to the decision date. The applicant shall also post public notices of the proposal on all road frontages of the subject property so as to be visible to adjacent property owners and to passing motorists. Said notices shall be provided to the applicant by the planning and development services department and shall remain in place for at least 15 days prior to the decision. A signed affidavit of posting shall be returned at least one week prior to the decision. Property owners who have been notified of the proposal shall have a period of 15 days from the date printed on the mailed notice or 15 days from the posting of notice on the property, whichever is later, within which to submit to the planning and development services department a written response in support of or in opposition to all or parts of the proposal. (CHAPTER 20.85 — PLANNED UNIT DEVELOPMENT) 20.85.305 Preapplication conference. 2) The applicant may request the zoning administrator to forward the information to the county council for review and discussion purposes. The council review shall take place within 21 days after the preapplication conference with staff. Upon receiving said request, the zoning administrator shall obtain from the applicant: (a) Sufficient copies of the information submitted pursuant to WCC 20.85.305(1) to distribute to all members of the county council; and (b) Stamped envelopes addressed to the app . aRt ^. ^.d all ...,.pert owners, b......d ^t.... rolls, equal zed tax the- development ° ' be ^ ^ °' °d Fors hln urban growth areas: Stamped envelopes with typed addresses?for each property lfhin 300 feet of the external boundaries of the subject property as shown by the records oft a county assessor. For sites outside urban growth areas: Stamped envelopes with typed addresses for each property owner within 1600 feet of the external boundaries of the subject property as shown by the records of the county assessor. (CHAPTER 20.88 — MAJOR PROJECT PERMITS) 20.88.200 Procedures. .215 A written notice of the scheduled public hearing shall be mailed record wth n R 2011 feet rArl Jig of the, AXtAFRAI 149-IRdaNAR Af the subject prepaily, not less than 10 working days prior to the hearing as follows: For sites within urban growt)f`areas: Notice shall be mailed to each property owner within 300 feet of the external boundaries:oitfie subject property as shown by the records of the county assessor. For sites outside urbanFgiowth areas: Notice shall be mailed each property owner within 1000 feet of the external boundaries of the subject property as shown by records�of the county assessor. Also, notice of the hearing shall be published in a newspaper of general circulation in the area of the proposed project at least 10 working days prior to the public hearing. Notice shall consist of time and date of hearing, and brief description of the property and the proposed project. Further, signs meeting the approval of the zoning administrator shall be erected on each frontage of the project site by the applicant not less than 10 working days prior to the hearing.