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HomeMy WebLinkAboutord2002-007WHATCOM COUNTY COUNCIL AGENDA BILL NO. 2002 -061 CLEARANCES inttid Date DmeRMvtofm Conoco 091ce Aenda Daw Assigned to: Originator:.Tylm CovdMn /221 ,e„ Q Imo.. iAN 0 8 2001 wwa�OUNCIL I /]5/01 Inlrod"a"' Dmeon xas: sydwa coodwM iz2i 1129102 Planning andDevelopmentjCounc Dept Head: shut H.Han 444 rz zl Prosecutor. Earen FMes NW Pureh.ringBwgn:a is Erecumv. Pere Eremen SUBJECT. Ordinance adopting changes to the official Whatcom County Zoning Ordinance, Sections 10.10, 20.84 and 20.90 to provide more specific procedures for City input on zoning amendments and development projects in City UGAs. ATTACHMENTS. (I) Proposed Ordinance (2) Agency Report (3) ShI fileport 4 Planning Commission Minutes SEPA review required? ( J Yes (X ) NO SEPA review completed? ( ) Yes (X ) NO Should Clerk schedule a hearing? ( )Yes (X) NO Requested Date: t The Council must hold a hearing ifthey want to change the Planning Commission's recommendation (WCC2Z SUMMARYSTATEMENT. The request is to amend the official Whatcom County Ordinance, Sections 20.10, 20.84 and 20.90 to provide more specific procedures for City input on zoning amendments and development projects in City UGAs. The amendment was initiated by the County to implement Interlocal with the Cities. Planning Commission recommends approval of the text proposed by staff, with one minor amendment. DiZoning Indicate those who shouund/ anion. List wocfc names to thAgreements ADSFadades Manage ADSFinauutr ADSHwnan Resources ADS info Sernees Assessor Audaor Caoperodve Ezamlon District Comm Erecudve Haddh Hadng Eraminer raa COUNCIL ACTION TAKEN: 2002 -e1 1/15r2002: Introduced 1/2912002: Adopted 7 -0, Ord. 02002 -007 Rela Related File Numbers: FRe 0ZON2001 -00011 .ru"enile Parke Planning Hat H. Hart Prosauta Publk Works Sherff Superior Conn Treasurer th er Ordinance or Resoludo.4 Number (this teem): Opp% �� SPONSORED BY: Planning PROPOSED BY: PDS INTRODUCTION DATE: ins /n2 ORDINANCE NO. 2002 -007 AMENDING THE OFFICIAL WHATCOM COUNTY ZONING ORDINANCE, CHAPTERS 20.10, 20.84 AND 20.90 TO PROVIDE SPECIFIC PROCEDURES FOR NOTIFYING AND OBTAINING INPUT FROM CITIES FOR ZONING AMENDMENTS AND PROJECTS WITHIN CITY UGAS. WHEREAS, the County has entered into Interlocal Agreements that call for amendments to Title 20 to incorporate City comments in the review of rezone applications, administrative approval uses and conditional uses within City UGAS WHEREAS, pursuant to RCW 36.70.590, legal notice was published in the Bellingham Herald on Thursday, October 11, 2001; and WHEREAS, the Planning Commission held a public hearing on the proposed amendments on October 25, 2001, and considered all testimony; and WHEREAS, the Planning Commission recommended approval of the proposed text amendments with one minor amendment on Thursday, October 25, 2001; and WHEREAS, the Council held a work session on January 29, 2002 to consider this matter; and WHEREAS, the Council found the amendment in the best interest of the public health, safety, and welfare; and WHEREAS, the Council has adopted the following Findings and Conclusions: FINDINGS 1. The Whatcom County Council has entered into Interlocal Agreements with each City concerning Annexation and Development within the City UGA. 2. Each Interlocal Agreement contains similar language in Section 6 regarding Processing Development Applications in Urban Growth Areas that calls for amendments to Title 20 to incorporate City comments in the review of rezone applications, administrative approval uses and conditional uses within City UGAS. 3. The County has entered into an amendment to the Interlocal Agreement with the City of Bellingham regarding processing of Comprehensive Plan amendments within the Bellingham UGA, which is different than the process for the smaller cities. 4. The proposed text amendments are consistent with provisions of the Growth Management Act, County-Wide Planning Policies, and Whatcom County Comprehensive Plan that call for 112 Planning Dlvlsion\Zoning AmendmentaV"Ing 200120142001-00011 City Input ORD.doc Page 1 coordination between the County and Cities regarding planning and development in UGAs. The amendments specifically implement Section 6 of City/County Interlocal Agreements. 5. The proposed amendments are procedural and are categorically exempt from SEPA. 6. Legal notice was published in the Bellingham Herald on October 11, 2001 and a copy of the staff report and proposed text was e- mailed to all Cities on October 4. 7. The Planning Commission held a public hearing on October 25, 2001 and considered all public comments. CONCLUSIONS 1. The proposed text amendments, as presented in Exhibit A, are consistent with the goals and policies of the Whatcom County Comprehensive Plan and the County-Wide Planning Policies. NOW, THEREFORE, BE IT ORDAINED by the Whatcom County Council that: Section 1. The Official Whatcom County Zoning Code is hereby amended as shown in 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 29 ATTEST: day of Jan. , 2002. AR VED as to form Z Karen Frakes, Civil Depu Prosecutor WHATCOM COUNTY COUNCIL WHATCOM COUNTY. WASHINGTON Council Chair, , ward Nelson trA�proved ( ) Denied ete Kr men, Executive Date: r) —q—o� 192 Planning Divlsiont oning knentlinents%Z.oning 20012ON2001 -00011 City Input ORD.doc Page 2 EXHIBIT A ZONING TEXT AMENDMENTS TO PROVIDE FOR CITY INPUT IN UGAS (includes only those sections where modifications are proposed) Chapter 20.10 COMPREHENSIVE PLAN AMENDMENTS 20.10.040 Docketing of suggested Comprehensive Plan amendments. (1) The department of planning and development services shall keep a docket of suggested plan amendments submitted by interested persons, citizens, hearing examiner, county staff, cities staff of other agencies, and county board or commission members. The docket shall include the following: (a) Docket number; (b) Name and address of the person or agency proposing the plan amendment; (c) Type of amendment being proposed and description of the amendment; (d) Date of proposed amendment; (e) Section, township and range of affected area, if applicable. (2) A completed application form described in WCC 20.10.050 shall be on file for all docketed amendment proposals. (3) The docket and application files shall be available to the public for review during normal business hours. council. (4) (SQThe county council shall consider the proposed amendments on the docket on an annual basis during the pre- initiation phase of the amendment cycle (January 1st to March 1st) for potential initiation. (Ord. 2000 -063 § 1, 2000; Ord. 98 -083 Exh. A § 66, 1998; Ord. 98 -011 § 2, 1998. Formerly 20.10.050). 20.10.060 Initiation of Comprehensive Plan amendments excluding emergency amendments. (1) Comprehensive Plan amendments, excluding emergency amendments, shall be initiated by a resolution of the county council adopted by majority vote. (2) The following amendment proposals shall be deemed initiated and included in the resolution that initiates Comprehensive Plan amendments: (a) Amendment proposals that the council approves for initiation from those proposed amendments listed in the docket of proposed Comprehensive Plan amendments; (b) Comprehensive Plan amendments proposed by council members that the council approves for initiation; (c) Docketed amendment proposals timely submitted by the county executive; (d) Docketed amendment proposals timely submitted by cities. (3) In determining whether to initiate a Comprehensive Plan amendment, the County Council will consider the following factors: (a) If the amendment relates to a site within a city's urban growth area, modification of a city's urban growth area boundary, or amending Comprehensive Plan text relating to a city's urban growth area, the county shall consult with and consider the comments of the city, including comments relating to the availability of services. Proposed amendments to city urban growth areas (b) If the amendment relates to removing designated agricultural, forestry or mineral resource lands, the council shall consider any long term trends in the loss of resource lands and 192 Planning Division\Zoning Amenements2oning 2001\ZON2001 -00011 City input ORDAM Page 3 cumulative impacts of approving such an amendment. (c) Whether the county has already set a future date for examining the area or issue. (4) The resolution setting the list of Comprehensive Plan amendments initiated for the annual amendment cycle shall be forwarded to the department of planning and development services. Upon receipt of the resolution, the department shall publish the resolution in a newspaper of general circulation, forward a copy to each city staff and planning commission. make copies available to the public and begin the process for the review and evaluation of the proposed amendments as set out in WCC 20.10.090. (Ord. 2000 -063 § 1, 2000; Ord. 98 -083 Exh. A § 66, 1998; Ord. 98 -011 § 2, 1998. Formerly 20.10.070). 20.10.080 Approval criteria for Comprehensive Plan amendments. In order to approve an initiated Comprehensive Plan amendment, the county shall find all of the following: (1) The amendment conforms to the requirements of GMA, is internally consistent with the Comprehensive Plan, is consistent with the countywide planning policies and is consistent with any interlocal planning agreements. (2) Further studies made or accepted by the department of planning and development services and planning commission indicate a need for the amendment or that changed conditions indicate a need for the amendment. (3) The public interest will be served by approving the amendment. In determining whether the public interest will be served, factors including but not limited to the following shall be considered: (a) The anticipated effect upon the rate or distribution of population growth, employment growth, development, and conversion of land as envisioned in the Comprehensive Plan. (b) The anticipated effect upon the ability of the county and /or other service providers, such as cities, schools, water and /or sewer purveyors, fire districts, and others as applicable, to provide adequate services and public facilities including transportation facilities. (c) The suitability of the site to provide onsite wells and /or on -site sewage disposal, if applicable. (d) Anticipated impact upon critical areas. (e) Anticipated impact upon designated architectural, forest and mineral resource lands. (4) The amendment does not include nor facilitate illegal spot zoning. (Ord. 2000 -063 § 1, 2000). 20.10.090 Review and evaluation of Comprehensive Plan amendments — Staff report. (1) The department of planning and development services shall conduct environmental review under SEPA and prepare reports including recommendations on all initiated Comprehensive Plan amendments and forward both the reports and the result of the environmental review to the planning commission. (2) (3) The reports shall evaluate the merits of each initiated amendment based on the approval criteria of WCC 20.10.080. (Ord. 2000 -063 § 1, 2000; Ord. 98-083 Exh. A § 66, 1998; Ord. 98 -011 § 2, 1998). 20.10.100 Review and evaluation of Comprehensive Plan amendments — Planning commission. (1) The planning commission shall receive the staffs findings and recommendations for the initiated amendments and shall take public comment and hold a public hearing(s) on the amendments. Separate hearings may be conducted on one or more of the amendments at a time at the discretion of the commission. 112 Planning Dlvision\Zoning Amendments2oning 200120142001 -00011 City input ORD.doc Page 4 between the county and that city. (2) (3) At the conclusion of the public hearings and comment period, the commission shall evaluate the merits of each amendment in relationship to the approval criteria of WCC 20.10.080, shall consider all amendments concurrently, and shall make a recommendation to the county council as to whether the amendments should be approved, approved with modifications or denied. The planning commission shall then cause written findings of fad, reasons for action, conclusions and recommendations to be prepared for each amendment. The written findings of fad, reasons for action, conclusions and recommendation shall be forwarded to the county council in the form of an ordinance(s) for its consideration. (Ord. 2000 -063 § 1, 2000; Ord. 98- 083 Exh. A § 66, 1998; Ord. 98 -011 § 2, 1998). 20.10.110 Review and evaluation of Comprehensive Plan amendments — County council. (1) Comprehensive Plan amendments, except for amendments adopted by emergency ordinance pursuant to Section 2.40 of the Whatcom County Charter, shall be adopted by ordinance after a recommendation by the planning commission has been submitted to the council for consideration. All initiated amendments to the Comprehensive Plan with the exception of amendments set forth in WCC 20.10.010 shall be considered by the council concurrently and no more frequently than once a year so the cumulative effect of the various proposals can be ascertained. The council may schedule such additional public hearings as the council deems necessary to serve the public interest. (2) If a Proposed amendment relates to a site within a city urban growth area, will modify a city's urban growth area or will amend text relating to a city urban growth area the county council shall follow any additional procedures called for in an adopted interlocal aareement between the county and that city. (2) (3)If, after deliberating, the council believes the public interest may be better served by departing from the recommendation of the planning commission on an initiated amendment, the council shall conduct a public hearing on that amendment. (3) WThe council shall base its decision to approve, approve with modifications or deny Comprehensive Plan amendments upon the approval criteria of WCC 20.10.080. (Ord. 2000 -063 § 1, 2000; Ord. 98 -083 Exh. A § 66, 1998; Ord. 98 -011 § 2, 1998). 20.84.200 Conditional uses. 20.84.230 Open record hearing notice. Notice of application and notice of open record hearing shall take place consistent with WCC 2.33.060 and 2.33.070. (Ord. 96 -031 § 2, 1996). If a proposed proiect is within a city urban growth area, notice shall also be sent to the applicable city staff and Planning commission at least 15 days Prior to the hearing. 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; (c) Typed self- adhesive mailing labels with the names and addresses of each property owner within 300 feet (1,000 feet for adult businesses) of the external boundary of the subject property, as shown on the records of the County Assessor; Id2 Planning Divisions oning Amendments oning 2001¢ON2001 -00011 City input ORD.doc Page 5 (d) Three copies of a site plan at a scale of 1" = 20' for sites that less than five acres and 1" = 40' 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 property, and to the applicable city staff and planning commission if the property is within a city 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. (3) Planning and development services shall approve or deny all administrative approval use applications. Decisions for all administrative use permits except adult businesses shall be based upon compliance with the criteria established for the proposed use in the appropriate zone district, the requirement of this section and of WCC 20.84.220. Decisions for administrative approval use permits for adult businesses shall be based solely upon the criteria in subsection (7) of this section. (4) Decisions on administrative approval use permits for adult businesses shall be issued within 20 days of receiving a complete application. An application for an adult business is complete if it contains all of the information specified in subsection (1) of this section. (5) If the permit is denied, the applicant shall be notified in writing. The grounds for denial and the applicant's right to appeal shall be set forth in this notification. (46) Any party of record may appeal the decision. For purposes of administering this section, parties of record shall be defined as the applicant, the owner of the property, and any person who has submitted a written response to the proposal. Each application for appeal of an administrative approval shall be accompanied by a fee as specified in the Unified Fee Schedule. (7) Criteria for adult businesses. Prior to granting administrative approval for an adult business, Planning & Development Services shall find that the proposed use at the proposed location satisfies or will satisfy all the following criteria: (a) The adult business will be in accordance with Policies 2AAA -1 through 2AAA-4 of the Whatcom County Comprehensive Plan. (b) The adult business will be consistent with WCC 20.66.131. (c) The adult business shall be closed from 2 a.m. to 10 a.m. if it contains: (i) An adult eating or drinking establishment as defined by WCC 20.97.008(2); or (ii) An adult theater as defined by WCC 20.97.008(3); or (iii) An other adult commercial establishment as defined by WCC 20.97.008(4); or (iv) One or more viewing booths. (d) If the adult business includes one or more viewing booths, the interior of the adult business will incorporate all of the following measures: (1) Each viewing booth shall have at least a three foot opening where a customer enters and exists the booth that is without doors, physical barriers, or visual barriers; and (ii) Each viewing booth shall have at least one 100 -watt light bulb that is property working and turned on when business is open. The light bulb shall not be covered or otherwise shielded except with a commercial available lighting fixture. A minimum of one 12 -inch by 12 -inch durable metal sign shall be located at the entrance to each viewing booth area stating that lights shall 112 Planning Dlvlsion2oning Aniantlments�oning 20011 ON2001 -00011 City input ORDAm Page 6 remain on; and (iii) Aisles or hallways adjacent to viewing booths shall be a minimum of five feet wide; (iv) There shall be no holes or openings in common walls between viewing booths. For adult businesses containing one or more viewing booths, a condition of administrative approval shall require an unannounced inspection every six months during business hours by Whatcom County to ensure that measures in subsections (7)(d)(i) through (iv) of this section are being implemented on an ongoing basis. (Ord. 2001 -038, 2001; Ord 97-069,1997; Ord. 95 -031, 1995; Ord. 91-009,1991). 20.90.050 Processing of Initiated amendments. Initiated amendments are reviewed by the department of planning and development services as listed below: .051 General Provisions. (1) Initiated amendments are reviewed pursuant to the timelines as outlined in WCC 20.90.052 and 20.90.053. (2) For citizen - initiated amendments, the department of planning and development services will evaluate each application for completeness and may request additional information of the applicant prior to requesting the appropriate hearing body to schedule a public hearing. (3) The department of planning and development services shall conduct environmental review under SEPA and prepare a staff report including recommendations and/or options for each initiated amendment to this title and /or the official zoning map. Both the report and the result of the environmental review shall be forwarded to the appropriate hearing body to the applicable city staff and planning commission if the proposed amendment applies to land within a city urban growth area. (a) The staff report shall evaluate the initiated amendment(s) in relationship to the goals, objectives and policies of the Whatcom County Comprehensive Plan, consider environmental implications as identified by the Whatcom County SEPA official and evaluate the proposal's compliance with any other special provision as provided by WCC 20.90.060. If the proposed (4) The appropriate hearing body (planning commission or hearing examiner) shall receive the staffs findings and recommendations for the initiated amendment and shall establish a public comment period during which a public hearing(s) on the amendment shall be scheduled. If the (5) At the conclusion of the public comment period, the appropriate hearing body shall evaluate the merits of each amendment in relationship to the goals, policies and objectives of the Comprehensive Plan, for compliance with any other special provisions as provided by WCC 20.90.060 and shall make a recommendation as to whether the amendment should be approved, approved with modifications or denied. The appropriate hearing body shall then cause written findings and a recommendation to the county council to be prepared for each amendment. The written findings and recommendation shall be forwarded to the county council in the form of an agency report which shall include a draft ordinance to implement the appropriate hearing body's recommendation, if applicable. No draft ordinance is required if the recommendation is to not approve the initiated amendment proposal. (6) (a) The county council shall receive the appropriate hearing body's findings, recommendations and copy of the proposed amendment of the initiated amendment within 14 days of formal hearing body decision. (b) Upon receipt of the findings, recommendation and a copy of the proposed amendment, the 112 Planning DivisionNZoning Amendments\Zoning 2001=N2001 -00011 City input ORD.doo Page 7 county council shall, at its next regular public meeting, set the date for a public meeting, where it shall consider the appropriate hearing body's findings and recommendations, and may: (i) By ordinance, adopt; or (ii) By motion reject; or (iii) By resolution, remand the recommendation back, with instructions, to the appropriate hearing body for reconsideration of the official control or amendment; or (iv) If after deliberating, the council believes the public interest may be better served by departing from the recommendation of the appropriate hearing body on an initiated amendment, the council shall conduct their own public hearing. 20.90.080 Maintenance of dockets and public review. The WCC Title 20 and official zoning map initiated amendment dockets and the suggested revisions docket together with their supporting application files shall be maintained by the department of planning and development services and made available for public review during normal business hours. A copv or summary of the initiated amendment docket shall be forwarded 112 Planning Divisianl oning Annendments)Zoning 2009Z0142001 -00011 City input ORD.doc Page 8